Termination of employment in a private Ltd company

i have resigned my job in pvt ltd company, what are all benifits claim can any one suggest

@ Mayank,

As per internal policy of your company the leave application is to be submitted in leave portal and acceptance and declinature has to be communicated by the leave sanctioning authority in writing.............

You may go thru: Model Standing Orders:Sec9

since you have applied due to emergency you have not absconded.

The employee shall loose lien on employment in case of unauthorized absence for 10 days........

Approach employee's unions/trade unions,Lawyer AS AP.

Sir,

Further to our telephonic conversation,please see the details :

I Sri Gopal Bhattacharyya have been terminated from the  Quaker Chemical India Ltd by the Quaker Chemical India Management w.e.f. 22/12/2015.

I got an email from India HR Head Jayanta Mukherjee on 8/12/15,4.58 PM to meet him on 10th Dec-2015 around 11 AM in front of Alarka Ghosh  India Finance Manager for a discussion on my attitude problem. But on 10th what I find they compelled me to switched off my mobile and during discussion, Alarka and Jayanta, started blaming me one sided referring to why I have used HOT Line, why I have interacted with foreign associates, why I have written in Margo Loable's open blog etc. etc. (We as part of global employee, always encouraged to report issues and problem using Hotline, Blogs for continuous improvement of process) 

And suddenly demanded my resignation on those particular issues. I strongly opposed and firmly stated that If I have not done anything wrong, and asked them to provide me the proof of those happenings which they are referring to.

In reply Jayanta Mukherjee replied "Is it a Court, that I will give you the proof ?" then threatened me that they will terminate me, if I do not put my resignation by the evening of that day.
 
On 10th I was sick, with chest pain, and vomiting tendencies from the morning, but as I was told to attend in the meeting, I had to keep my promises. During the discussion, I felt humiliated and unable to speak any more. 

Fortunately my wife came to inquire on my health status around 11.30 AM in the morning. AND This is the FIRST TIME during my EIGHT YEARS ASSOCIATION with the Organisation, my wife came to India office around 11.15AM to make enquiry for my health. [Attached Exhibit -1 in the security gate visitor's book (scan copy)]. 

She is very simple lady and wished to meet with our India MD Gulshan K Sachdev also. But it is astonishing and humiliating for her too. She was kept waiting for 2.30 hrs and lastly from the MD's secretariat table , inspite of MD Gulshan K Sachdev'™s presence in the office, she was told to talk to HR HEAD - Jayanta K Mukherjee. In turn she refuses to talk to Jayanta Mukherjee and replied, if she wanted to meet MD, and if it was not possible for him to meet her for his busy schedule, why did not he give her a proper appointment time ?
IT IS ONLY ALLOWABLE IN CASE OF SUBHASH MAYRA, WHOSE WIFE CAME WITH HER WHOLE FAMILY AND MET MD in ONE SATURDAY , BEFORE SUBHASH GOT ADMITTED IN MENTAL HOSPITAL NEAR KAIKHALI in LITTLE HUT NIRIKSHAN KENDRA .

Any how on that day she told Jayanta Mukherjee about my illness and returned with me around 1.15 PM without having a single wish to India MD and without having any future appointment from him. 

I returned home from my home, and in night around 10.48 AM, I wrote an email to India MD G K Sachdev , marking a copy to HR Jayanta Mukherjee regarding the meeting without briefing the fact that they are pressurizing me on putting my resignation or their threat of termination. I simply sought for his help and intervention in the matter.

On 11 Dec, 2015, 17.51 PM India MD wrote me an email and suggested me to meet with HR to resolve the issues. 

On the very same day , 11 Dec 2015, around 10.53 PM in the night I wrote to HR & Finance Manager to advise me on the areas for improvement at my side and assure them of putting my best efforts on the same. 

Till then I did not received any responses from neither HR Head Jayanta nor Finance Head -“ Alarka Ghosh on the subject. Suddenly on 21/12/15, at around 12.49 PM I received an email from Jayanta Mukherjee, with an objection of some of my Linkedin posting, and why I came with my wife, (for your kind information , our Kolkata office starts at 9.30 AM, in between I reach the office, and my wife came around 11.15 AM) with a FALSE ALLEGATION IN MY MOUTH THAT I HAD THREATENED THAT NEXT MEETING WILL BE AT KMC COUNCILLORS OFFICE. 

Stating those false allegation, they asked me for a further discussion on 22/12/15 at around 17 PM. Attached Exhibit -2 (Trailing mail and reply till 21/12/15 )

On 22/12/2015, Jayanta & Alraka forced me to switch off my mobile phone, stared shouting at me on the Linkedin posting and giving importance to that matter, and why I came with my wife on 10th Dec, 2015, hence putting pressure on me to submit my resignation. In the meantime they started offering me if I put my resignation , they will compensate me with 1 year's Salary to the best, discussing & and convincing with India Management.

I had an evidence of a little bit of recording of their voices, where Jayanta Mukherjee forcing me to switch off my phone. unfortunately the recording got disconnected in the meantime, still I am attaching the Recording, available after 8 minutes from the starting.

I stick to my point and ethics and refused to submit my resignation, and at last they handed over to me the Termination Letter and my Full & Final Cheque which was ready in every respect across the table. There too they have wrongly deducted huge amount ( Approx 72 Thousand INR) of TDS (Income Tax), without giving me any opportunity to submit my Income Tax Declaration Supporting.

AND THIS WAS MY HIGHEST REWARDS FROM YOUR HIGH VALUED CORPORATE CULTURED ORGANISATION AFTER 8 YEARS LONG LOYAL HONEST SERVICE. “ EVEN MY LAST YEAR PERFORMANCE APPRAISAL WAS 3/3 (Exceeds expectation). “ 

I have never been warned nor being served any show cause letter against the charge given to me. This is entirely an illegal termination without issuing any charge sheet and disciplinary proceedings. 

I was forced to accept the Termination letter with the Full & Final settlement Cheque. Next day I mailed them with protest and without prejudice to my rights and contentions I am accepting the F&F Cheque. 

I wrote to Assistant L C- WB and raised a dispute. They also requested comments from the employer in the month of Feb-2016, but 
only in June they visited the LC office and on 12th they written a letter to the ALC stating that  :-

 " the story of alleged illegal termination is totally baseless and hence denied. Besides the above Sri Gopal Bhattacharyya was / is not workman within the meaning of Industrial Dispute Act-1947.

And that as per principles laid down by Hon'ble Supreme Court , the onus to prove that he was a workman is on Sri Bhattacharyya and not on the Company. Let him first discharge the onus, let us have a copy of the same and thereafter , we shall subit our detailed comments. 

We are confident that we will be able to prove that he was / is not a workman and as such you do not have any jurisdiction in the matter to initiate any proceedings " - HR HEad- Jayanta K Mukherjee

Sir, Please have your best opinion to save my children's future. One studying in Class VI, and another in Class IX, My mother is suffering from Urinary bladder cancer since last 8 years. I am the only man to earn. Since Termination I did not have any job.

Regards 
GOPAL BHATACHARYYA
9831367629

Querist @ BHATTACHARYYA,

The query is discussed in illustrated threads at:

https://www.lawyersclubindia.com/forum/Termination-without-notice-showcause-139002.asp

https://www.lawyersclubindia.com/forum/Termination-without-notice-amp-showcause-reply-from-employer-139626.asp

LCI member/Expert Mr. Ritesh Maity is practising in same court complex and had offerred to help you.

It shall be certainly better to consult with a very able Labor Law consultant/Service matters lawyer.

HI,

One of my friend had been terminated from services without giving any reason. He had been working the larger group of company since 6 yrs. now what should he do.

1. His designation is Manager, but nature of job is purely clerical in nature

2. He doesnt  have sub-oridnates under him to supervise them directly

3. only sack of authorisation, one digital signature for PF activity is given

what should he do, should he file a case against them. if yes, then how can he proceed. please help.

regards,

@ Prassana K Sahu,

Appraoch a very able counsel specializing in Labor/service matters with all employment related docs and nature of duties as in appointment letter and in practise, termination order.

Your counsel may opine that you may be covered by the def. of 'Workman' and 'Employee' and/or you can approach Civil Court and claim  damages. 

Hi,

My wife is working in pbt ltd company and her boss terminate her due to exceeding leaves even she took leaves after informing him (due to out engagment and marriage) she took approx 5-7 leaves after approvel but now her boss sent her a termination letter and hold the salary... i want to know can company hold the salary after termnation and as i think the termination reason is also not valid please suggest 

Submit leave application for approval. mention approval by boss.

Submit  letter addressed to good offices of appointing authority,MD thru Redg. Post, and explain the due information of leave and approval and request to call back the termiantion order.

If good offices also do not provide any relief approach a very able counsel specializing in Labor/Service matters.

Its his wish but yes if you had any contract with that than you can.

I worked 8 years as a lab assistant at private college. I've been opposed corruption in the college, So college fired me from job without notice. When fired from college, he has not given me any service payments. Besides service gratuity, What I am eligible for visitation in the Labour Court. Please replied me at my email address "tarunsoftpro@gmail.com"

@ Tarun Likhar,

Replies shall not be sent at your email address.

The readers/members/experts post in the thread.

You may post full details about your designation, nature of duties, reason stated in termination order.........................

Hi

I am working with a Private ltd company as a Team lead for delights team, and my senior asked me to discontinue the service ony on the notice 15 days. I have been working here since 4 months now, and the reasons provided for discontinuation is not related to my job profile they had offered.  I do not feel its correct because he is doing it only on the grounds of work issues and time management issues. They expect me to do Analytic reports when I am not from that background. They are not willing to give 1 months notice too. Please suggest, I have a family to run. Thanks 

Firm up your next employment ASAP.

Once you have another employment in hand, you can negotiate to get relieved with go comments and proepr relieving documents. 

All those issues e.g; work issues and time management issues, Analytic reports etc are communicated to you in writing? Have they offerred to train you for jobs that you are not well versed with?

Are you asked to discontinue employment in writing?

Are you being asked to resign?

Do you have any evidence of being asked to resign? 

Are you being asked to resign with immediate effect?

Are you confirmed in employment or under probation period?