Termination from company
Raj
(Querist) 22 March 2017
This query is : Resolved
Dear all,
Kindly support me by your valuable advice as I was working with Idea for last 6years 6 months precisely.
My immediate senior was expecting 1 lakh rupees and wanted a girl for a night against my appraisal which I have not provided . So he created conspiracy with the support of my juniors stating allegations of taking 500 for approving their tour claims.and rs 20000 for the transfer of one Territory sales executive.
This was with support of my immediate senior who was once equal to me in designation and he was promoted and then posted as my senior But kindly note still his package was lesser than me.
Also he has some grudges from earlier stint where we worked together in same company as I already mentioned.
After these charges I was served Show cause notice and was asked to reply within 3 days ,I replied properly stating that these all allegations are wrong and it is just conspiracy against me.
After the show cause reply after 15 days there was cross one to one enquiry in which 4 tse were called and were asked to confirm the allegations, two TSE straight away denied to give any amount to me for any work and one TSE changes his statement that I complained wrongly earlier now I am confirming that no money was given for any work.Fourth tse told yes I have given money rs 20000 for transfer and 500 for approving claims.
i objected strongly but HR head had not given any attention to my points.
After 45 days I was called to circle office and was told to sign termination letter .
Which I had not signed then they sent that letter on mail.
I requested all my seniors at Indore and Mumbai but they didn't support me.
After wards I sent several mails to my seniors ,MD, HR national head,Group HR head but no one replied except Group HR head ,he stated I am seeking details from Idea again after my request he replied there are written complaints against you so we can't help you.
Even then I sent more mails to give me a opportunity to put forth my points but they have not given any chance to me.
I personally met circle hr team and requested to kindly consider my points which clearly shows that it is conspiracy but they have not heard and told me now we can't help you.
After my termination the tse who changed his statement during enquiry called me one day and asked sir if that tse who complained for rs 20000 changes his statement will your job be reinstated I said may be ,then he told he need 4 month's salary from you after thinking I said ok but that day he didn't change his statement then again after few days he came to my home and told he will revoke his complaint if you give him money ,Since HR team was asking some evidence so we thought of giving cheque ,we said ok we will give cheque he demanded 70000 amount cheque and i gave my wife's cheque which he took in his wife's name.
Then again he showed it to HR that i bribed him to change the complaint.
Thus I caught in conspiracy and now he is not returning cheque & asking money from me for returning the cheque.
Sirs I request you to kindly help me as I am the only earning person in my family where 9 dependents are there,my parents are old and I don't want any botheration in their mind.
I lost my 7 years old job ,and it has been Assassination of my 16 years career .
You are requested to kindly support me by ur vast experience advices.
1. How can I get reinstatement in company
2. What should be procedure to fight a case
3.Now HR is not discussing my query they have told to discuss with legal officer,who is telling now that no avenues are left in company if you wish you can try in court.
4.Sirs Is there any court or any competent authority where I can urge to consider my points also as there are no evidence of allegations against me.
Even if needed I would go to prime minister office ,Chief minister office or any other responsible person who can justify the situation.
Why company is not bound to take humanitarian approach if there are no evidences.
When there are no evidence of financial transaction then how can company terminate an old employee on the basis of just written complaint.
Is there no authority in India where my case can be fought .
I am again and requesting I have not taken any money but my seniors are not believing me.
Even they are not ready to listen to voice recording of employees which are in my support.
When I asked to provide the detail of Cross one to one meeting HR has denied to provide stating the reason that we can't put other employees life in risk.
Also they have not shared their final report of enquiry on what basis they have terminated me when I asked hr told we have provided in show cause notice.
Can't we go for criminal case against the seniors who demanded money and girl.
Can't these tse should be covered under criminal case as they have ruined my life ,career .
Sirs please provide me support and way forward so that I can get my job and can take care of dependents livelihood.
Regards
Neeraj Sharma
98264 70999
Ms.Usha Kapoor
(Expert) 22 March 2017
File a complaint against the company in Highcourt for redressal of all your grievances.
Raj
(Querist) 22 March 2017
What all outcome are possible ,I mean what benefits I shallget .
Shall I get reinstatement ?
Or what other I can claim.
Most critical is my job if by any court I get my job .
I am frustrated as I have not taken money and I have been victimised vindictively.
Kindly suggest please.
Regards
rajeev sharma
(Expert) 22 March 2017
By all the statement of yours it seems that the inquiry was not conducted properly. But the thing is that you have to have the evidences of all the facts mentioned. Since IDEA is a private company no writ lies against it.File a complaint before labour court.Consult a good local counsel.The labor court may take some time to decide the matter but may quash the inquiry and may order reinstatement also. But first find out some source of earning
Guest
(Expert) 22 March 2017
Show cause notice, your reply to show cause notice, your statement during domestic inquiry, if any, and termination order are required to be examined before arriving at some purposeful opinion, rather than hitting in the dark in reply to your queries.
Guest
(Expert) 22 March 2017
Rajendra ji,
Thanks for agreeing with me.
Raj
(Querist) 22 March 2017
Thanks all respected who replied to my request.
Again I urge you to kindly guide me Can my case be put up in Labour court as I was in managerial position 9 team mates were reporting into me.
1.As suggested by shri Rajeev Sharma sir my case is not pertaining to Labour court ,kindly correct me if I am wrong.
2. As suggested by shri dhingra sir I have show cause notice ,my reply to SCN and termination letter but HR has not shared any details of enquiry held during cross examination,as far as my statement are concerned Three tse have denied to pay so I was not asked to reply but my reply to fourth one was" this is sheer baseless allegations he has not give me any money and I asked complainant when you have me ,he told me date when he was not in town but all these details were not shared after enquiry .
I was called and given termination letter.
If you allow where should I send my scanned copy as dhingra sir asked for .
ALSO PLEASE CONFIRM IS WRITTING REQUEST MAIL IS OFFENCE ?
AS I HAD WRITTEN SOME 10-12 MAILS TO SENIORS AT MUMBAI ( ONLY ONE PERSON REPLIED) ,AS PER LEGAL PERSON OF COMPANY IT IS NUSANCE AGAINST WHICH HE CAN GO TO POLICE STATION OR SUE ME?ALL MAILS ARE JUST HUMBLE REQUESTING MAILS TO HELP OR TO HEAR MY POINTS ONLY.Kindly confirm please.
Also please confirm can I file criminal case against those who tried to extort money ,asked for female, did wrong complaint because of which I lost my job,And rs 70000 cheque as black mailing to revoke complaint.Kindly confirm please.
I request once again to help me to get the way out for reinstatement of job please.
Regards
Neeraj Sharma
98264 70999
krishna mohan
(Expert) 23 March 2017
You may approach with all evidences through a personal letter to Chairman of Idea group and seek his personal intervention by citing your long and dedicated service. Perhaps this may work if what you say is factually correct and idea management is convinced on the same. Legal battle will take long years as Idea will go for appeal and you will loose peace of mind. Better search for a job matching to your expertise parallelly.
rajeev sharma
(Expert) 23 March 2017
[(s) "workman" means any person (including an apprentice employed in any industry to do any manual, unskilled, skilled, technical, operational, clerical or supervisory work for hire or reward, whether the terms of employment be express or implied, and for the purposes of any proceeding under this Act in relation to an industrial dispute, includes any such person who has been dismissed, discharged or retrenched in connection with, or as a consequence of, that dispute, or whose dismissal, discharge or retrenchment has led to that dispute,
you were leading a team so you were working in a supervisory capacity
Raj
(Querist) 23 March 2017
Thanks Krishna sir Rajeev sir.
Rajeev sir,
According to your recent reply If I have not understood wrongly ,my case can't be filed in Labour court as you said I was in supervisory position.
All other respected counsels I request to kindly guide me with all possible aspects
Criminal ,civil or any other avenue remains.
Also no one suggested is WRITTING mails of request to seniors is punishable offence.
Regards,
Neeraj Sharma
Advocate/CS Sanjeev Kataria
(Expert) 24 March 2017
dear raj, you need to understand that if you fall in the category of workman, case is to be filed before labor commissioner first and in case of failure need to be filed before labor court under industrial dispute act. if you are in supervisory or administrative category, you can file your case by challenging the dismissal before civil court. your query is too long , i hope my brief will resolve your query
Raj
(Querist) 24 March 2017
Thanks sanjiv sir,
Also confirm WRITTING requesting humble mails is nuisance which can be sued?
