Labour Court or civil court issue?
Kunal
(Querist) 02 April 2016
This query is : Resolved
Sir, As a Executive my senior instruct me to prepared the salary of back month due to non receipt the proper attendance seet from stake holder of last month And after salary release and pressure from the corporate boss, my reporting boss tell my name to corporate for this issue company terminate me and hold my last month salary and my notice period and issue me termination letter for financial fraud .Kindly Suggest me is this issue of financial fraud and where i can approach to labour court or civil suit for further action. Please advice.
Devajyoti Barman
(Expert) 02 April 2016
Your query is nor clear to me.
It appears you are terminated as well charge of forgery is levelled against you.
You are silent whether any FIR is registered or not.
Rajendra K Goyal
(Expert) 02 April 2016
Has any charge sheet issued?
Have you any proof of orders of the senior on which you acted?
Has any FIR lodged?
The facts are not clear, discuss with local lawyer.
Kumar Doab
(Expert) 02 April 2016
The attendance is not be supplied by employee rather employer has to record it in various registers prescribed under applicable rules, that you should be aware of.
The earned wages are to be paid even if so called stakeholders have not supplied the attendance.
It appears to me you have been taken for a ride by your boss.
You could have and should have categorically stated in writing under proper acknowledgment that your boss ordered you on dated................tom prepare the ..............document/form/register........although you stated to him that document/form/register.......is not supplied to you, still he asked you to prepare it and submit it.
Who passed the payroll prepared by you?
It is believed that you have not pocketed the monies.
Although you have mentioned your designation as 'Executive payroll' still you may show all employment related docs examined in detail and designation and nature of duties examined by an able Labor Law Consultant/Service matters lawyer and your counsel can opine if you shall be covered by the def. of 'Employee' as in Shops & Estbs Act, 'Workman' as in ID Act and standing orders (model/Certified) shall be applicable to establishment/your designation.
Once it is decided you can approach the appropriate forum.
It shall be better if all representations are now structured and drafted by your able counsel and are submitted by letter under proper acknowledgment or atleast from personal email id and are addressed to/or with a copy to appointing authority,MD etc.
Kunal
(Querist) 02 April 2016
Thanks doab/ Goyal /Barman Sir for your reply and Barman Sir Kindly suggest is this in the category of financial fraud case or not???
And On the basis of ID act what is the salary limit?
Sudhir Kumar, Advocate
(Expert) 03 April 2016
not clear of the facts.
take help of some one who knows English.
from given wording it appears that you were verbally instructed to do some frauds and you complied and company simply terminated you and did not file FIR.
please give correct picture if this is not true.
Kumar Doab
(Expert) 03 April 2016
From your posts it is clear that you are aware of the ID Act.
You may go thru the Act and you will come to know of everything including the 'Salary Limit' as posted by you.
Needless to mention it is not the salary alone that shall decide the coverage of an employee under the Act.
It appears that you are not properly informed and are not good at drafting.
It shall be certainly better if you entrust your matter to an able counsel specializing in Labor/Service matters and let your counsel defend your interest in the best possible manner.
The employer and its counsel(s) shall exploit each loophole that you may leave.
Rest is upto you.
Kunal
(Querist) 03 April 2016
What should the next step from my side for file a case and what is minimum salary limit for ID Act.
