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Monika   19 March 2016

Illegal termination

My boss terminated me when I asked for maternity benefits. I compalined in labour court and got the maternity benefits. LAbour commissioner asdvised me to drop a separate complaint on PGMS for illegale termination. After filing a compalaint of illegal termination boss presented a resignation letter that according to my boss this letter is signed by me. 

During termination my boss had forced me to sign F&F, resignation etc to get salary against my working days. I had to fight with the team of directors to get pending amount of my salary but I am not sure if i signed that letter. 

The signature doesn't seems actual. 

I have denied in labour court that signatures are fraud and labourt court refer this case to civil court.

I am unemployed and I cannot pay cost of lawyer to fight this case and I am not even sure that this case will be in my favour because my boss will have a lawyer and I will be fighting all alone.

 

Please advise what should I do? Should I drop the case here

 

Regards

 



Learning

 5 Replies

Anish Thakur 7018812737 (advocate)     20 March 2016

No never leave hope and fight for your case,you can represent your own case personally in court. Let me know if you will need any help to defenda your case.

Monika   21 March 2016

Dear Sir,

 

What if they prove signatures on resignation letter are actual

 

Regards

Monika

Rakeshkumar (manager)     21 March 2016

Dear Sir,

I am working with limited concern as a Manager. Company terminated me from my duty without any prior intimation and they ask for my resignation if I wish to get current month's salary, experience letter and salary certificate.

As I fall under Manager cadre, should I claim under Industrial Disputes Act,1947 or not? If not, what should I do? 

Kumar Doab (FIN)     23 March 2016

U/s SEc;36 of Industrial Disputes Act you can appeal to court to bar the representation by lawyer by a simple application.

 

The seasoned employee's unions leaders/Trade Unions can also help you.

 

 

Kumar Doab (FIN)     23 March 2016

@ Rakesh,

Have you been terminated in writing?

Do you have any evidence of statements posted by you?

Record the irrefutable evidence.

Don't resign with immediate effect or your dues shall be squared off.

 

 


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