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conveyence and salary due

(Querist) 03 November 2012 This query is : Resolved 
I has been assosiate with Mexus education pvt ltd as FLOATING MEX EXPERT by last 7 month.I work there with full commitment and dedication.But by day one I find i have to work of technical and managerial as manager and technical head ask me to do gaving excuse lack of human resource.
volume of work kept increasing.
but asking for any follow up they avoid and in meeting they start pointing me that "you have to do what manager say" &BUT no as such mention in offer letter.when all school starting complaint regarding manager performance and higher authority neglegence and mailed to higher authority.All seniors start blaming me that "i have good relation with school and you are pulling our legsby making mails with schools".when complaints increase manger ask me to resgin(verbally)But i refuse and ask for reason but they didn't
and they restrict me to visit school verbally but i ask them to do the same in written by marking mail but no reply.I call 4-5 time but they didn't reply.I continue to mail daily reports but by some source i get to know that managerwere not sending my attendence to head office and showing me absent without any reason.but fortunatly i get know this early only 10 day after.i ask AGM of company but he ask me to resolve with manger with your own than i mailed to director he didn't respond.than AGM ask me that this is unproffesional behaviour u should leave company but i refuse ask them in written
after one month of calling and mailing
I got MAIL FROM PROMPT services to which i got offer letter that"we are diengage your services with our company(client) as your performance was not satisfactory" you may terminate this contract by giving one month notice to us or They can also terminate by giving one month notice with out giving any reason and compensation in liue there of.and will pay 1 month salary
THAN I ask for my convence claim which is due by 4 month of 23000/- and salary of 1.5 month and ask to assist for further process But by past one montth no one picking my phone niether replying of mails
i'm attaching MAILED by PROMPT SERVICES FOR ASKING RESIGNATION
RAJU O.F., (Expert) 04 November 2012
Your salary and service conditions are depending upon your agreement executed at the time of appointment. If you had evidence for forcing to attend more works, you may succeed in legal fight. Better consult an advocate of your area, who is handling labour matters on behalf of employees.
deepak (Querist) 04 November 2012
But nothing as such mention in offer letter which i get through mail no services law provide to me and foremost For any company LABOUR law is same IF I resgin or they terminate for whatever reason they should clear all expense but in this case you please see attach file that they are asking me to cancel the contract by 1 month notice period or they will do
IT is just asking to do BUT niether i cancel the contract nor they reply after that so dis-engagement doesn't mean any thing
Ms.Nirmala P.Rao (Expert) 04 November 2012
Dear client,

You can approach a labour Court on the ground that no mandatory inquiry in accordance with labour law principles is conducted by the management before your termination along with a plea of non payment of your dues including the conveyance allowance and your termination can even be set set aside by the labour court on account of your termination order being Malafide, non speaking and vitiated by lack of mandatory inquiry/enquiry and payment of your dues etc. I strongly feel you can win the case. There is definitely a hope.

Ms.Nirmala P.Rao
Legal Expert
deepak (Querist) 04 November 2012
thanx for replying ma'm wd i continue to request by mailing as no response is bieng given by them and if you see in attached file HR services is accused or client Mexus education PVT ltd
Sudhir Kumar, Advocate (Expert) 04 November 2012
Please read advise of Ms Nirmala Rao and stop this e-mail business.
deepak (Querist) 04 November 2012
okey sir thanx
Raj Kumar Makkad (Expert) 05 November 2012
Deepak has properly replied and has seriously attended to your query and I stand with him.
deepak (Querist) 25 November 2012
Thanx to you all to guide me especially Ms.Nirmala P.Rao.I went to labour cum conciliation officer and file complaint against Prompt services,vapi and Mexus education pvt ltd,MUMBAI, labour court send notice to Mexus education pvt ltd regional office Delhi.with in 2 days of notice i got 24000 as reimbursement but remaining 17000 as salary didn't receive.court ask them to reach court by 20th of November i reached on time but no one came from company i register my attendance court gave another date of 29 November send another notice to company after 2 days i got call from prompt services company lawyer and ask me to withdraw my application and they will provide me the cheque of 17000/-.But i ask them to cancel my termination order and and provide me relieving letter mention my good performance and also provide me all formality like form16 and PF details.But he start abusing me that no one from company will go to court as labour officer made wrong party he send notice to mexus not to prompt services and termination order is valid company will decide what is good for them.company decide the performance of employee.and If you not withdraw complaint you will suffer for many years as these cases take lot of time.and you won't be able to work any where BUT i ask them to see in court and ask all these in court and I'll answer there. so please suggest me what should i do and prepare for It and what are ruling regarding termination of employee.Is employee has not any right to know the valid reason for his termination and also Mailing through mail is valid proof to present at court.and appreciation letter from client can be treated as proof to put my defence in court


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