Jack (Area Manager) 31 May 2014

Wrongful termination & deducting amount from full & final

Dear Team, I was working as a Area Manager, My company had given a suspension letter 8 months back from the termination letter & put some wrong allegations. No enquiry was conducted nor i given a chance to put my part. They have given me a termination letter & show's some huge shortages which was not their in the store because whatever report they have sent to me show's some positive figure. After few days they have again changed the report & manipulated the data & shows another amount in shortages. Every report shows different no. & its quite surprisingly that they have not deducted any amount from the team who was working in the store, if in case any shortages was occurs in the store. Entire amount was deducting from my F&F. I have logged a complaint in labour office also. Two hearings was conducted but company is not ready to do any kind of settlement & they have informed the labour office that since he's at managerial level employee he will not come under this jurisdiction. Their also they have not given any evidences to prove them right. They purposely want me to go to civil court because they have power to hire a advocate & bare the cost which i don't have in initial stage. They want me waste my time in court. Reason behind this was i have been tried to follow up with the company from the suspension letter till termination letter & company had not responding my mails. During this time i have sent a mail to Income tax department regarding my form 16 which company had not issued to me for FY1213 & FY1314. Income tax office had file a grievance & sent a letter to the office because of that management was disappointed. They have clearly mentioned the same in a letter which was submitted in labour office. Kindly advice some fast track court where this case will get resolved asap because its a question for my career. I have worked with this organisation for 7 years.

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Kumar Doab (FIN) 01 June 2014

Decline to accept the FnF statement in writing!

Has the company supplied notice of Determination of Gratuity, disbursed Gratuity?

Did it Forfeit the Gratuity?

Did it issue notice before forfeiture and allowed Natural justice to defend and later did it pass speaking order of forfeiture of Gratuity?

Did it supply PF a/c slips of whole tenure of service?

What is this establishment: Commercial, Industrial, Small Enterprise?

The registration certificate might have been displayed near entrance or you have to find on your own.

You are located in which state? Does company have an office at your location?

Redg. office of the company is located in which state?

What is trade of this company: IT, Banking etc…..?

How many people are employed in it?

Does the company have its certified standing orders(CSO) and has it been extended to your designation?

What was your nature of duties……………………….did you have any power to sanction leave, appointment, termination, increment etc?

Before you act further It shall be appropriate to show the job advt, job application, interview call letter, offer letter, selection letter, appointment letter, CTC sheet, Salary Structure, Salary slips, STANDING ORDERS APPLICABLE TO THE ESTABLISHMENT (CERTIFIED/MODEL) AND EXTENDED TO YOUR DESIGNATION, HR policy, Service rules and regulations, Conduct and discipline rules,show cause notice (if any issued to you), suspension letter, …………….. Communications exchanged to a competent and experienced Labor consultant/service lawyer at your location, give inputs in person and proceed under the expert advice of your lawyer.

Your lawyer may ask you a set of structured questions and may opine that you would be coverd as ‘Workman’ as in ID Act and as ‘Employee’ as in (Name of your state) Shops and Commercial Establishments Act……………….

If employer defaults on payment of wages it may default on PF,ESIC,TDS etc………..

Employee can approach:

----Employees Unions : There are employees unions that have done good job and they do recommend cases of Managers.

In one case recently state trade union affiliated with FMRAI thru its comrade represented the case of 2^nd line Manager and company paid the dues……………………….in Labor Court.

--- Trade Unions e.g; CITU, AITUC, INTUC ............................

They know the precise ways to agitate and handle such matters.

--- Inspector under (Name of your state) Shops and Commercial Establishments Act, If it is commercial establishment.

The employer has to maintain and submit requisite forms and registers according to Shops and Commercial Establishments Act. If the employer makes false entries it is offence.

It is one of the jobs of the Inspector to ensure the interest of the employee is protected.

--- Inspector under Payment of Wages Act: applicable to all employees drawing wages up to Rs.18000/pm as per def. of wages in the Act.
You may refer to: Payment of Wages Act; Sec13A and 2: 3*[(i), (ia), 3*[(vi), 3, 4 ,5, 13a, 14, 15, 16, 17A, 20………….. and if the Inspector agrees to cover you may immediately submit Form’N’ for recovery of wages.

--- O/o Labor Commissioner

----RPFC thru nearest PF office

----ESTC Inspector in jurisdictional ESTC office…………..( applicable to all employees drawing wages up to Rs.15000/pm as per def. of wages in the Act.

--- ITO; TDS where you file your ITR

--- CIT-TDS (jurisdictional) where company files ITR

----Lawyer/Law firm

---Civil Court

Employees have been contemplating to file criminal complaints u/s 406, 420……………………………and also to approach employer as creditors treating unpaid wages as debt on employer to wind up the company e.g;

https://www.lawyersclubindia.com/forum/details.asp?mod_id=72011&offset=1#.UvYBGEeBmXV

Even an AVP of the company succeeded in such forum. You may also go thru:

Delhi High Court

Argha Sen vs Interra Information

https://www.indiankanoon.org/doc/1941604/?type=print

All affected/unpaid employees, even……………………………………vendors can approach high court for winding up petition thru a competent and experienced lawyer specializing in such matters.

As a Manager you might be aware of many of the other raw nerves and hot buttons that can be pressed………………………………..before that discuss with your counsel and arrange irrefutable evidence.

Your community leaders may also tell you about effective avenues………………………………..Some community leaders are highly resourceful.

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