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jagtar singh   13 November 2017

Can workman lodge fir against forced resignation

Hello Experts,

                                 This case is of my freiend ,who  was firstly invited to office for discussionns on 28-09-2017 ,Which was a guise and in reality HR manager asked for--

------------------------------------------ Resignation or face termination and forefeiture of terminal dues

     -------------------------------------  workman refused to resign and come out from office and telephonically informed media and union people ,same article was published in newspapers too,  stating asking for resignation

 ----------------------------------------- Employer same day terminated him  thorough Email , citing restructuring and reduction in head counts

-----------------------------------------  After one week HR manager called him asking if he submit his resign ,his termination will be revoked , additional terminal dues will be paid  and company will re-employ him once new  recruitment begins  or after 2 years he  can re-apply for re-employment

--------------------------------------- Workman with no choice and to avoid termiantion  stigma and to receive terminal dues submitted the resignation , w.e.f from back date i.e date of termiantion and same was accepted and termiantion was revoked and dues were paid as agreed.

 -------------------------------------- Now new recruitment is happening and he has re-applied for re-employment ,but comapny is backing out from their promise and employee is feeling cheated and victim of fraud.

 --------------------------------------  He has all the evidences  and he is going to sue the comapny at all fronts i.e labour court and FIR of fraud and cheating of mis-representations of facts.

--------------------------------------- Please elaborate on lodging FIR before police and which sections are applicable.

                                             Regards

 

 

                                         

 



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