Employment loss
SANJAY
(Querist) 29 February 2012
This query is : Resolved
HONORABLE EXPERTS
TAKING THIS OPPORTUNITY TO SEEK ADVISE IN THE FOLLOWING MATTER.
AN INDIVIDUAL EMPLOYED WITH A SHIPPING ORGANISATION(INDIAN FREIGHT FORWARDER HAVING 23 BRANCHES IN INDIA)FROM AUG 2001 TILL MARCH 31,2009 AS BRANCH HEAD
DURING THE TENURE FROM 2001 TO 2009 WITH ORGANISATION, PERFORMED (BUSINESS & MARKETING) EXTREMELY WELL & WAS RESPONDED BY MANAGEMENT WITH EXCELLENCE AWARD TWICE (2004,2005 & 2006),BACKED UP WITH HEALTHY FINANCIAL INCREMENTS.PHOTOGRAPHS OF AWARD CEREMONY AVAILABLE.
HOWEVER IN FEB 2009,ON ACCOUNT OF BUSINESS RECESSION ALL OVER COUNTRY SUDDENLY ASKED TO LEAVE THE ORGANISATION BY APPLYING TACTICAL PRESSURE TO PUT THE RESIGNATION PAPER & AS SUCH 31 MARCH 2009 BECAME SAD LAST DAY IN ORGANISATION.
SINCE APRIL 2009 INDIVIDUAL COULD NOT GET MUCH TIME TO THINK ON THIS,AS WAS EMPLOYED IN ANOTHER JOB WITH HEAVY RESPONSIBILITIES.AT PRESENT BEING STABLE & ALL WELL,CAN INDIVIDUAL APPROACH COURT OF LAW & LODGE THE CASE AGAINST EMPLOYER FOR SUDDEN LOSS OF EMPLOYMENT & CLAIM COMPENSATION FOR LOSS & MENTAL DISTURBANCES IN THIS REGARD?
IF THE ANSWER IS YES,ADVISE THE CORRECT PROCEDURE IN THIS REGARD.
BEST WISH & WITH KIND REGARDS
Guest
(Expert) 29 February 2012
Question arises, in the wake of your resignation without any recorded proof that your resignation was taken by the management by thrusting any presssure, would you be able to establish sudden loss of employment on account of the fault of your employer?
SANJAY
(Querist) 29 February 2012
BEING A COMMON MAN DONT KNOW HOW TO EXPRESS IN LEGAL TERMINOLOGIES BUT FOLLOWING ASPECTS CAN THROUGH LIGHT/CAN BE SUPPORTIVE TO THE MATTER.
1)RESIGNATION WAS ASKED BY PRESSURE WITH THREAT ON COMMUNICATION DEVISES BY HR PERSON.THERE IS NO PROOF THAT PERFORMANCE WAS WRONG.TO TELL THE TRUTH,BEACUSE OF MANAGEMENT WRONG POLICIES(WHICH HAD AN INTERNATIONAL EFFECT ALSO & PROOF CAN ALSO BE GIVEN IN THIS REGARD)THEY WERE COMPELLED TO CLOSE FEW ACTIVITIES RESULTING IN SUSPENSION OF (HIGHLY REVENUE GENERATING/PROFIT MAKING) SERVICES WHICH THEY WERE OFFERING TO INDUSTRIES.NATURALLY IT HAD ITS OWN IMPACT ON THE MARKET RESULTING IN LESS REVENUE GENERATION.ALSO RESULTING THERE BY EXTREME PRESSURES ON FUND POSITION TO PAY FIX SALARIES PER MONTH WHICH INCREASED HEAVILY DURING GOOD BUISNESS TIMES.
MANAGEMENT SHUTTING DOWN HIGH REVENUE GENERATING ACTIVITIES DUE TO WRONG BUSINESS PLANING ITS SELF IS A FAULT,WHICH AS AN EMPLOYEE HAS NO WAY RELATED EXCEPT MARKETING THE PRODUCT,WHICH MANAGEMENT IS ADVISING TO MARKET.
CAN SHARE 2 STRONG FACTS DURING THIS PERIOD AS UNDER.
1)ORGANISATION HAS REMOVED MANY SENIOR HIGHLY PAID EMPLOYEES FROM CORPORATE OFFICE AS WELL AS BRANCHES.IN FACT THEY HAVE SHIFTED TO SMALL PREMISES WHERE MONTHLY RENT IS PAYABLE, FROM THEIR OWN OFFICE PREMISES TO PAY OFF THE BANKING LOANS.
2)THE ORGANISATION WAS AGENT FOR A RESPECTED SHIPPING/STEAMER LINE FROM US,WHO ALSO WITHOUT TELLING MANAGEMENT OF THE ORGANISATION, APPOINTED OTHER STEAMER AGENTS IN INDIA IN SAME CITY WITH SUITABLE ADVERTISEMENT/NOTIFICATION IN THIS REGARD TO TRADE COMMUNITY..
SIR, SELF ALSO READ CAREFULLY THE JUDGEMENTS WHICH AT PRESENT DAYS,COURT IS GIVING AFTER THROUGHLY STUDING,ANALYSING FACTS OF THE EACH CASE.
AS A PLAINTIFF I PERSNALLY FEEL THAT ITS SIMPLY UNJUISTICE ON THE PART OF MANAGEMENT TO RETAIN EMPLOYEE WHEN BUSINESS ENVIRONMENT IS ENCORAGING & SUDDENLY REMOVE/PUNISH EMPLOYEE WHEN BUSINESS IS DULL ON ACCOUNT OF WRONG POLICIES ADOPTED BY MANAGEMENT & SUBSEQUENT BUSINESS FAILURE.
SIR,WITH THIS BACKGROUND INFO,CAN YOU ADVISE AS TO HOW TO PROCEED IN THIS REGARD.
REPLY AWAITED
REGARDS & BEST WISHES
Guest
(Expert) 29 February 2012
Only written proof of pressure on you to submit resignation can help you, not the closure of any activity by the company.
Raj Kumar Makkad
(Expert) 01 March 2012
I do agree with the advice of Dhingra ji.
SANJAY
(Querist) 01 March 2012
HON.SHRI DHINGRA JI/R.K MAKKAD
THANKS FOR THE OPENION & ADVISE.HOWEVER HAVE QUESTIONS AS UNDER.
1)DOES THE MOBILE COMMUNICATION FROM A PARTICULAR NUMBER ALLOTED NOT ONLY TO HR PERSON BUT ALSO THE MANAGING DIRECTOR DURING THIS PERIOD CAN HOLD GOOD IN THE COURT.HAVING BOTH THE NUMBERS STORED CAREFULLY.ITS EASILY AVALIABLE FROM MOBILE COMPANIES.
2)APART FROM ABOVE,ANY REFERENCE OF PREVIOUS/EARLIER JUDGEMENTS AS PRECEDENT IN SIMILAR/SAME TYPE OF CASE CAN BE LOCATED????
KINDLY ADVISE
Guest
(Expert) 01 March 2012
Dear Sanjay, any recorded and authenticated proof can hold good. If the mobile company can provide the duly certified mobile proof direct to you or produces on summon by the court of law that can work in your favour.
