Wrongful termination & deducting amount from my full & final
Jack
(Querist) 31 May 2014
This query is : Resolved
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.
Guest
(Expert) 31 May 2014
Being an Area Manager, your case does not fall within the jurisdiction of labour office, as you did not come within the purview of the term "workman".
However, if you are terminated after suspension without conduct of a domestic inquiry and giving you adequate opportunity to defend your case that, of course, is illegal. So, you need to file your case in the High Court, instead of Labour Court.
R.K Nanda
(Expert) 31 May 2014
agree with dhingraji.
BAALASUBRAMANNYAMM
(Expert) 31 May 2014
Who has suggested you to approach a Labour Officer. Even though you were sending e-mails to your company, you would have to send a legal notice demanding what ever the amounts to be recovered from your company, through an advocate, but you have failed to do so. Even now also, you can take an advocate"s assistance.
Jack
(Querist) 31 May 2014
Dear Sir, I am really thankful & appreciated to all of you for prompt reply.
No one had suggested me to approach labour officer but this was my first time when i am facing such problem. I have approach labour office because i heard in labour office enquiry will be fast & in civil court its time consuming & lots of money will be spent which currently i dont have.
Sir, pls advice some alternative to come out from this because my 7 years of service was spoiled because of that & company purposely want me to file a case in civil court because company had lots of cases in court for non payment & not even payed to the vendors. so they are least bother to such cases & they are doing this because i have sent a mail to IT because they are not even providing me the form 16. The day income tax office sent a letter to the company they sent my termination letter. Company said it was my ill motive to recover my full & final which was not. I have sent so many mails to the company but they dint respond to any of my mails. Finally i logged a complaint to IT department which was my right.
