Mangal Gupta (md) 04 July 2012

Ex company trying to implicate me in criminal case

Dear Friends

I had been working with a Chinese Telecom company as Administration Head between Feb 2009 to March 2011, I resigned from this position on 1 st Feb 2011 and was asked by the Human resorce to complet my one month notice period which would end on 28th Feb 2011 but to enable them to find a replacement I served the company until 31st March 2011.

After quitting the organization I kept following for my dues with the organization and have send them dozens of mails without any success hence I finally send them a legal notice through one lawyer for settlement of my dues.

My ex colleagues who are still working in this company have informed me that company is plannig to file a criminal complaint against me based on a submission by a Transport vendor that I had accepted bribe from him or demanded bribe from him.

This company is involved in several employment Visa fraud and I have discovered this through various RTI applications filed by me in various ministries and now since they have received a legal notice for the recovery of my dues they plan to put me on back foot .

I need help in securing anticipatory bail in Thane sessions court as this company is in Navi Mumbai, I also need help in filing private criminal complain in Navi Mumbai magistrate court on various charges like Theft of elctricity, Violations of Foreigners Act, Criminal conspiracy and submission of fake documents to Police station for tenant Registration and much more. I also want to file a Public Intrest Litigation as I have ample of documents to prove that this company and similiar companies have been depriving Indians of jobs and evading paying taxes.

Please connect me on 9967824444.

Regards

Mangal Gupta

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3 Replies

Kumar Doab (FIN) 04 July 2012

Your resolve is appreciable. From various threads in this forum it can be construed that it seems to have become a custom to deny the payment of FNF settlement, wages for notice pay.

It is felt that HR and legal cell has to play a vital role in advising employer properly or this shall become a problem of such a proportion that our fellow countrymen/citizens shall have to surrender the wages/dues as a parting gift as a kind of tradition.

Kindly approach a competent and experienced criminal lawyer and a service lawyer. Your criminal lawyer may like to have close coordination with service lawyer. Therefore you may ensure that plaint is firmed up by consulting both of your lawyers. It is also possible that your one lawyer/law firm may handle both the cases.

You can do lawyer search at LCI. Related lawyers list is also provided by LCI on the bottom of this web page.

You may refer to SE act applicable to your state for unpaid dues, and proceed as per expert advice of your lawyer.

Ardent Ace (Nill) 04 July 2012

@ Mr Gupta, Pl join the club. I am fighting for my FNF and EPF since 2004. Not going to let go. I have detected corporate fraud by the company https://wikileak-corp.blogspot.in/ and doing lot of research on how to bring their unnoticed fraud to a logical end.

@ Kumar Doab - I am unable to find final judgements on Criminal Case No. 1391 / 2005 / Pune. Can you pl help.

The last update I found out was quashing of company's Criminal Writ Petition 2851 / 2005 by Bombay High Court ordering issuance of process under IPC 403, 405, 415, 420, 421 and 424 read with IPC 34.

I serched Pune courts website but could not find the original CC No. 1391 / 2005 / Pune.

I searched Supreme Court website as well, but no appeal on the above by the company (text search / case number search)

Does it mean they were sentenced in the case or what ??

Spoke to the Official Liquidator in Mumbai, the company is under liquidation and also I was told its under "adjudication" .... what are the consequences of the same ??

Excuse me for my non-legal language & lenghy posts but am on it 24x7.

Kumar Doab (FIN) 05 July 2012

@Ardent Ace,

Notify the RPFC, Addl CPFC Pune/ Maharashtra, CPFC that company is under liquidation and to approach the Liquidator for recovery of unpaid PF dues + penalties and sound them if they do not act you shall be constrained to approach institution of print and electronic media, Police, CBI, CVC, Minister/ Ministries, PMO, President's office,court of law, NGO's etc at their cost and consequences and do inform these institutions.

You may approach your acquaintances, a lawyer in practice at Pune and lawyer can help/guide you to obtain the certified copy of the judgment sought by you. You can do lawyer search at LCI also.

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