Venkat 25 January 2016

Can a employee lodge complaint with police against employer

I was working with a private limited company (RCI Cash Management Serives Private Limited) as a Senior Manager Pracess, Audit & Compliance. I have worked for 3 years. I was also handling insurance claims & Legal cases. I have resigned from this company as this company was indulging in Illegal activities by utilising public money for its personal use and for running the company. This company provide services to various Banks. Bank provide cash to refil their ATMs and this company refills ATMs on behalf of Banks.The cash which is supposed to be loaded in ATMs is not filled in respective ATMs and the employees deposited cash in company's current account.

This company files fraudulant complaints with Police as misappropriation of cash and the amount will be claimed from Insurance. Since i am aware about this illegal activity, i do not want to encourage the company in illegal activities.

In the first week of Jan, one of the director called me and asked me to leave the company and just said the reason as Insurance claims are pending and since i was not able to settle the claims i was asked to leave the company. Nothing has been given in writing as forcefully Laptop was taken from myself. As per appointment letter either party has to give 90 day notice or notice pay.

Since i am a senior employee, i do not come under labour law. Can someone suggests me how to handle situation.

Can i lodge Criminal case in police station as this company is cheating many employees as terminating employee without anything in writing. Since its operations is spread across Pan India and in many locations they do not have office, many employees are not able to approach any perticular police station. Few employess had filed case with labour court & they are going on for more than 2 years.

Please let know whether criminal complaint can be lodged against the company for cheating, breach of trust, breach of contract. Also let us know whether criminal complaint can be lodged against the company for misappropriation of public money.

Regards

N.V.Ramana

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5 Replies

Kumar Doab (FIN) 25 January 2016

Did the company issue a speaking order of termination ( in writing after verbal order) till date?

Did you write to company that on dated..........................Mr/Ms..................terminated the employment verbally and collected (forcibly) the laptop?

Has the company issued the acknowledgment of laptop?

Venkat 25 January 2016

Dear Kumar, Please find my response. 1. No 2. Yes 3. Yes I have missed to write that the company has not paid my salary from July 2015 to till date but they have deposited PF amount till the month of Nov 2015. I have written multiple mails to HR and also to director and mentioned at that which happened to me. Also I have recorded the conversation happened on the day when I was asked to leave. Please suggest me the quickest way to get my pending salary and notice pay amount. Please help.

adv.raghavan (Advocate,9444674980) 26 January 2016

1,with regards to approach towards you by the company it is breach of contract and not breach of trust so no criminal provision can be made out. It is purely civil case.

2, for next one you can file private complaint against company, if you have all proof, in court and insist for investigation from independent agency,having pan india presence.

Kumar Doab (FIN) 26 January 2016

Apparently: The company has asked you to leave/verbally terminated in Jan2016 but has not paid saalry w.e.f July2015, has processed salary and deposited PF till Nov 2015.

This may help you to add criminal flavor to complaint .......................................and also lodge complaint with RPFC,Addl CPFC,CPFC and ITO-TDS where you file ITR and CIT-TDS where company files ITR.

You were promised to be paid wages/be provided with social security thru PF/Gratuity etc, have been made to work, but salary/PF etc has not been paid.

Has the company included Gratuity in CTC?

You have the recording during which you were asked to leave (amounting to verbal termination) hence you are to be paid notice pay as well.

Since speaking order of termination has not been supplied you may be able to claim that you were not allowed to perfrom duties and are available at your last address in record/latest address, unable to join eldewhere and claim and wages till date of reciept of termination order.

If you have been personally affected by any of the Company's fraudulent activities, you may be entitled to seek penalty.......................................

If you can prove that the Company was involved in fraudulent activities, and hence you were not paid your salary, then you may explore the option of compalint with Registrar of Companies for the suspected fraudulent activities of the Company, under :

Section 447 of the Companies Act, 2013 i.e. punishment for fraud,including imprisonment and fine.

You may also file a criminal complaint against the company under the Indian Penal Code Sec: 406/420.

You may also explore winding up petition, civil suit for recovery.

Although you have cited that you are at Senior Position you might still be covered by the def. of 'Workman' as in ID Act, 'Employee' as in Shops & Estbs Act