Facing harassment to recover full and final settlement from ex-employer after leaving company
Querist :
Anonymous
(Querist) 02 November 2011
This query is : Resolved
Dear Sirs,
Where can I move the court (in which place) in the above case considering following facts.
1. The ex-employer is a pvt. ltd. company, formed by two Indian businessmen in Bangladesh.
2. The company is registered in Dhaka, Bangladesh but has people working for the same in Dhaka as well as in India, in their Chandigarh and Nagpur offices.
3. I was appointed from India and worked in Dhaka as their country manager for about 6 months, later resigned due to their MD's non-professional dealings coupled with not paying salaries to all staff. After I was relieved and receiving the dues in writing, they are not paying my full and final settlement amounts. After repeated follow ups, they have cooked up some false allegations to insinuate me and malign my career, only to avoid paying my legitimate dues.
Please advise, where can I file a case of defamation and recovery of my dues, because the company is registered in Bangladesh and I live in India. Just to mention, the partners of the company are also Indians, my salaries were being paid from India in INR and I was working in Dhaka as an employee from India under business visa (not work permit).
Can I move the court in Delhi? I live in Noida, UP.
Thanking you all in anticipation
ajay sethi
(Expert) 02 November 2011
you had raised similar query in past too .
ajay sethi
(Expert) 02 November 2011
The Bombay High Court in Dr.SUBRAMANIAM SWAMY Vs. PRABHAKAR S.PAI AND ANOTHER (1984 CRI.L.J. - 1329 has held the Court at Chandigarh, where the defamatory statements was made by the accused in a Press Conference and the Courts at Bombay, where the defamatory statement was published, circulated and read can have co-ordinate territorial jurisdiction to deal with a case under Section 500 of I.PC.
ajay sethi
(Expert) 02 November 2011
The Karnataka High Court in S.BANGARAPPA Vs. GANESH NARAYAN HEGDE AND ANOTHER (1984 CRI.L.J 1618)
amplifying the provisions of Section 179 of Cr.P.C., observed as follows:
"Section 179, Cr.P.C., applies to those offences which, by their very definition, consist of an act and its consequence. In short, the act and its consequence must together constitute an offence. The offence of defamation consists not only of the statement said to have been made but also its publication. The publication is a consequence of the alleged statement said to be made by the accused. Therefore, the Court which would have jurisdiction must be the Court where the act has been done or where the consequence has ensued. The consequence contemplated by S.179 is not a remote consequence of the act done. 'Consequence' is confined to that which is an ingredient of the offence for which the accused person is being tried."
ajay sethi
(Expert) 02 November 2011
in your case you were employed in bangladesh . the salary was payable in bangladesh .the defamatory staements were amde in bangladesh .
claim if any has to be filed in bangladesh
Raj Kumar Makkad
(Expert) 02 November 2011
Ajay! Perhaps you have overlooked facts given in query. Salary was paid in India in Indian currency, letters have been sent by company containing defamatory allegations in India so even after considering above referred citations, Indian Courts have also got jurisdiction to try and decide the complaint as part of offence has been made in India.
So far recovery suit is concerned, it can be filed at Chandigarh and Nagpur wherein offices of your employer was working in India.
ajay sethi
(Expert) 02 November 2011
mr makkad i respect your opinion .i have based my reply on basis that material part of cause of action has arisen in bangladesh . he was employed in bangladesh as country manager for about 6 months .he resigned as salaries were not being paid . he has also stated that on being relived he was paid his dues in writing . boviously it must have happened in bangladesh only .
querist mentons he has not received full settlement amouunt .querist mentions that when he demanded his dues they made false and baseless allegations details not mentioned . although slaries may be paid from india it has been received by querist in bangladesh . hence advised querist to file case in bangladesh .
Querist :
Anonymous
(Querist) 02 November 2011
Dear Sirs,
Sorry for the confusion. Let me clarify.
1. I was receiving my salaries in Indian Currency (India), from the company's office in Chandigarh and the same was being credited to my savings bank account in India. Always the payment was at least 2 month's late.
2. The company cannot pay my salary in Bangladesh because I was posted there on (multiple entry) Business Visa and was not provided a work permit. The business visa allows people to visit Bangladesh on business purpose but it prohibits employment in Bangladesh, "paid or unpaid". Hence my status was an employee of India for the company, visiting Bangladesh office on duty.
3. I did NOT receive my dues at the time of my release in Bangladesh. In my relieving letter dt. 15/07/11 it was given to me in writing that the dues "will be cleared shortly" but the payment was not made till date.
4. I was also given in writing, after 2 days of returning to India that my salaries upto July 15th would be paid.
5. After several follow ups I got a reply from the BD office, mentioning some cooked up allegations, like I had sabotaged the company, it's employees, played one employee against another and using the company provided laptop for personal use etc. They debited USD 2,000 for personal use of laptop with a logic that even though I used same after office hours, still I have to pay because I was staying in the company's guest house hence that time also was company's time!
6. A legal notice, asking the company to pay my dues was served under registered a/d post but was not replied.
Hope I could make the background clearer now.
SAME / SIMILAR TREATMENTS WERE METED OUT TO SEVERAL EX-EMPLOYEES, who have shared me their plights in detail and in writing.
Hope this would suffice to give your well thought advice. If you require any more detail, please advise.
ajay sethi
(Expert) 02 November 2011
why didnt you stae these facts clearly earlier?
on bais of revised facts stated by you , you can file recovery proceedings in chandigarh india
Querist :
Anonymous
(Querist) 02 November 2011
Dear Sirs,
Many, many thanks. Now I have received a clear direction, particularly from both Mr. Sethi and Mr. Makkad and going to proceed as such.
Best regards
Rajeev Kumar
(Expert) 06 November 2011
I agree with raj makkad
