Unfair termination & forced resignation by a pvt bank

It appears to be clear that a pass was made on employee and he was taken for a ride. The case posted by you is perturbing.

Did the ALC record in proceedings the representations that the company has agreed to provide relieving letter in lieu of back dated resignation, and employee has given written consent? There are feeble chances of such a record.

Did the employee submit a written consent to submit back dated resignation? If the demand notice was issued, and conciliations proceedings were conducted, and afterwards backdated resignation was obtained, an intelligent lawyer may build a case. These probabilities have to be explored.

It appears that ALC was inclined towards company and everything happened during conciliation proceedings and case was not recommended to labor court.

Does the employee have any record of proceedings? It is difficult to believe that employee had such a poor case until or unless the conduct/record of employee was terribly bad.

Did the lawyer of employee advice the employee to submit back dated resignation? It is difficult to believe that lawyer might have given such an advice.

Why the employee was so desperate for relieving letter?

Otherwise also in any case of any other employee, bank is under obligation to supply work experience/service certificate, FNF statement, acknowledgment of company property, NDC etc and this in itself is as good as relieving. If the employee has settled everything due on his part then he could have approached o/o labor commissioner for relieving letter.

What has happened to writ petition in HC?

The employee should consult a senior and competent service lawyer with all record and documents. There is always a way out.

Valuable advice of learned experts/members is sought.

One has to chose a definite line in his life. If he choses one and leaves it in the lust of chances in another and when he becomes fail then he has no right to adopt first one from the same left point.

In the given case, your friend has resigned from his post and has got his relieving letter in the hope of getting job in some other institution and if he has failed to do so, he has got no legal right to again chellenge his termination order as reliving on the basis of back dated resignation and its acceptance by management falsify the termination. As termination order now do not exist so your friend should stop his legal battle on that point and should withdraw his all pending cases and should get servce benefits as well as mployment in some other institution.

Well, you must be right but who'll believe you? NOT Indian Courts. Send complete details of supporting evidence ,documentary ,witness evidence, Bank Rules[especially the fine print] , Terms and conditions, your appointment letter as well your detailed relieving  letter or whatever possible with or without evidence to brutus.trap@gmail.com and all in PDF format if possible. I might be able to find out a way in case you are really interested or feel confident of sending what  I asked you.

Following points are noteworthy:

1. Everything stands proved [about backdated forced resignation etc] if they occurred after you filed the Writ Petition.

2. Was the backdated letter dated prior to the date you moved the High Court or after you moved the High Court. In either case judicial Bias stands close scrutiny. Why did the High Court not object to your withdrawing the writ petition?

3. If the matter was subjudice then why did your advocate not inform the Court of Criminal Contempt. Its decided that IN contempt cases Court is the aggrieved party and not the informant. As I mentioned elsewhere that labor Courts are notoriously corrupt and Indian Judiciary is notorious for not taking any Contempt Action.

LASTLY IF THE MNC is US based then you will win the case. However US Courts only Entertain Efiled Cases. More later..when you decide to email me details as above. You stand to win at least a minimum of one million dollars as TORT but only in US Courts if MNC HQ is US based.

Morever you wouldn't have moved all types of Indian Courts had you not been forced to resign. Its apparent that you were forced to resign only after you moved Indian Courts as otherwise you would have backdated a relieving letter on your own which too establishes the malafide intent of the MNC since for JOB TERMINATION NO RELIEVING LETTER IS REQUIRED. TERMINATION OF JOB ITSELF THAT THE MNC  RELIEVED YOU WITHOUT NOTICE.

This is the backbone of your favorable case.

Morever you wouldn't have moved all types of Indian Courts had you not been forced to resign. Its apparent that you were forced to resign only after you moved Indian Courts as otherwise you would have backdated a relieving letter on your own which too establishes the malafide intent of the MNC since for JOB TERMINATION NO RELIEVING LETTER IS REQUIRED. TERMINATION OF JOB ITSELF MEANS THAT THE MNC  RELIEVED YOU WITHOUT NOTICE.

This is the backbone of your favorable case.

Mr. makkad is right

Courts would prove that Mr.Makkad is wrong. I don't grab the idea of advocates giving lessons in Morality without knowing techniques of winning a case and without knowing full facts of the case. Law is not a recital of sections.There is something called justice. DID the querist's "LUST FOR MONEY" start after termination of service without notice or before Termination of his services? Whatever, the fact remains that advocates should be prejudmental or political or be on the side of the rich and the powerful. One querist asked "experts" about the failure of CBI and advocates in solving the AARUSHI murder case. The experts were all praises for the CBI as a premier investigating agency. Amazing. This is a Brazilian site[at least its registered there] . What does Brazil know what India is all about? Is this site being run by government of India/Or by Multinationals?

This is one site where if simply XYZ [only three letters] are posted 1000 times a day, scores would jump to 30,000 in one mont and 360,000 in one year. The scores and "experts out here don't mean a thing.

Dear Mr Rajeev ,

               Clarify following :-

              (i) What is the status of cases in High Court and Labour Court - were they withdrawn after this settlemen between the parties were reached telling the courts ON OATH that settlement has been reached between both parties ;

              (ii) In the relieving letter , is there any mention of your back dated resignation and then cancelling of the termination letter  issued after considering your pending letter os resignation

             (iii) What are the causes given for termination - disciplinary or due to becoming surplus

             (iv) Has the company paid the three months salary before terminating the services. If paid , were they taken back after your resignation was accepted

              (v) Case seems to be on a sticky wicket

              (vi) Are they ready to re-employ you  afresh

              0-9929596546

@ GODBOLE: Beautiful Queries. You'll win the case in case Rajiv reverts to you.

My case is very similar.

Only that my IT MNC was a bit smarter and forged my Resignation  on-line after I didn't agree to their suggestions that I resign. They say they didnot terminate me only 'initiated' my resignataion. 

Can a US based MNC submit on-line resignation of  an employee in India without his/her consent?

Can the Indian employee sue the company in the US?

Regards

Dan