Relieving from the company
Mohanraj
(Querist) 10 December 2012
This query is : Resolved
I had withdraw my service from a private limited company by 17/12/12 with proper resignation letter and No due certificate.
Now when I asked them about my settlement and relieving order, the M.D complaint me that I had sabotaged the computer system by deleting files.To clear that issue, he asked me to come to their factory to clear the issue.I explained that I didn't do anything and handover all properly with proper signature.
But he refused that and told me that he will be initiating course of action against me for safety and information of the company.
Is it possible to action on me after withdraw my service from their concern.In which clause they can file a case.
How I can reply to their action legally?
Raj Kumar Makkad
(Expert) 10 December 2012
If you have obtained proper signature at the time of handing and taking time of charge, no action can be got initiated against you.
Mohanraj
(Querist) 10 December 2012
Thank you sir.
V R SHROFF
(Expert) 10 December 2012
How can he handed over before leaving 7 days in advance!!
"he M.D complaint me that I had sabotaged the computer system by deleting files."
This amount to criminal Act, so it is actionable.
You are to resign wef 17-12-12 & today is 10-12-12; One more week to work; so u r liable to explain missing files.
You are bound to co-operate finding those files..
ajay sethi
(Expert) 10 December 2012
agree with mr shroff
Raj Kumar Makkad
(Expert) 10 December 2012
The discrepancy of dates is really a big issue in your matter.
Mohanraj
(Querist) 11 December 2012
Dear sirs,
I had submitted my resignation letter on 12/11/12 itself and upto 17/12/12 I had worked and got my No due certificate on 17/12/12 from all dept heads and got approval from CEO on 24/12/12.
In my appoint my letter it was stated that I had to work for 30days from the date of resignation letter.I had completed the same.
Pls advice in these conditions whether the action against me is still possible.
Raj Kumar Makkad
(Expert) 11 December 2012
It is impossible to obtain the work till 17 Dec 2012 as the date has still not come and approval obtained on 24 Dec. 2012 is more impossible as that date has yet to come after 14 ddays from today.
Check you matter of dates again.
Mohanraj
(Querist) 11 December 2012
Dear sirs,
sorry sorry..I had wrongly mentioned the month.
My resignation letter date 12/10/12.I had worked upto 17/11/12.I got the No Due certificate approval signature from CEO on 24/11/12.
Pl advice whether the action can be initiate against me by the employer.
ajay sethi
(Expert) 11 December 2012
how much is the amount paybale by compnay? whatw as your designation in company ?
Raj Kumar Makkad
(Expert) 11 December 2012
If dates have now been made proper then come to my original reply vide which it is again confirmed to you that no adverse action can be initiated against you as you have handed over the charge properly and descripency was told to you at that time and now thereafter you are not responsible for the act and conduct of others.
Mohanraj
(Querist) 12 December 2012
Understand Rajkumar sir.Thank you.
To Mr.Sethi
Amount payable by company : Rs.40,000/-
My designation : Electrical Supervisor