Company harrasment

You should have submitted notice of resignation (than resignation with immediate effect) that resignation was demanded by Mr/Ms.............on dated....................at address.............and that apprehensions mentioned by Mr/Ms( narration.......due to GM etc) are unfounded and baseless and false.

You could have withdrwan the notice/ resignation later.

You could have mentioned in final letter that no audience has been given to you and your disbursments  (narration.............as assured by Mr/Ms.......) are not released.

Have you obtained acknowledgment of all claims submited by you?

Do you have copy of advertisement in newspaper?

Do you have evidence of all transactions where you have signed, and are claimed as irregular by company?

You may discuss with an able counsel specializing in labor-service matters.

1.notice of resignation was not the option it was enforced to give resignation & on asking the reason they said their is no reason but it is very unfortunate that company has decied to partways.

2.how can i withdraw the resignation letter if i have placed that i have done that because  if not placed resign company would have issued the termination letter to avoid that i will fully placed that.

3.claims submitted were the regular ones like conveyance &food bill & nobody issues the acknowledgment in company for same it is sent to Pune from entire region for clearance & amount is credited directly to salary account. (at the time of taking resoignation officials confirmed that entire amount will be setlled with 15days notice period salary but later they backed off).

4.yes i do have a copy of advertisement placed in newspaper in that they have not placed any allegation but issued notice that they are not part of comapany.

5. company wants to rope me in acts of GM where he has signed , i am 110% assured their is not even a single signature on any of the bill placed by GM or accounts persons which were related to company promotional activites ,i have only my own conveyance /food bills where my signature r present apart from that i have not put the proposal for event / neither corordinated woith any vendor / neither invloved in any payments done to them ).

6. can you suggest any experienced counseller or advocate dealing in this matter .

Try to record the admission (audio/visual/witnessed/minuted) that you were asked to resign, and that bills have been recieved!

Forced resignation can be termed deemed termination and in such case company is liable to tender notice pay/damages.

Resignation with immediate effect may fetch you adjustment of notice pay in FnF.

At your position it is be ascertained if you can be covered by the def. of 'Workman' as in ID Act , 'Employee' as in Shops and Estbs Act.

The juridiction of courts may be location of any office of compnay,your last location,location of  Redg. office of the company, jurisdictional courts as inserted in appointment letter.

At Delhi you can access counsels par excellence.

All docs on record need to be examined.You shall have to settle your T&C,fee etc with your counsel on your own.

1) In the absence of anything to establish contrary, the resignation is deemed to be not under any coersion, undue influence or otherwise, but presumed to be at your own free will.  Hence whether you fall within the meaning of a Workman or Employee shall not protect you.  Since it is construed to be the resignation, company issuing notice or payment in lieu of notice does not arise.

2) If the conveyance and boarding expenses ie. food bills are genuine and otherwise in order, and that you kept photostat copies of the same for your record, you can now send the same by RPAD requesting them to settle early.

3) If you are in no way connected with the alleged irregularities, if any  between the earlier GM and the company, you need not worry of your getting implicated by the company that can be challenged.

4) Before initiating any legal recoure, you may once again approach the company authorities, discuss with them and request to settle all your legitimate claims.

5) Contact local experienced Labor lawyer before sending any suitably worded reply disowning any claims that the company may likely to make you accountable quoting the determination of your contractual relationship as published in leading daily.

If you have the skills then on your own or lean on skills of your employee's/trade union leaders, labor law consultant and record the admission that you were asked to resign or shall be terminated and your employability to earn livelihhod shall be marred.

Had the company been genuinely sincere it would have place the suspected employee under susupension, paid subsitence allowance and cnducted a fair inquiry.

Instead it has resorted to illegal/unfair conduct and has virtually declined to pay you and others employees as well.

You have offerred your resignation on platter without securing any evidence.

Now you need to agitate to get your dues.

Consult an able counsel.