Other threads by querist and reply by the querist @Madhu:
https://www.lawyersclubindia.com/forum/Defamation-suit-against-it-mnc-118341.asp#.VQ5VbRmqqko
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"Hon Attorneys I am thankful to each one of you responding thru the forum / privately or contemplating to guide me in the matter . Iam responding to each of the query Hon Kumar Doab raised 1.Did you submit in writing to the Indian Employer that the statement of USemployer is false and you should be granted opportunity of natural justice and they should recheck on the false feedback? Or do you have any evidence that you did so? A: No.I did not 2. Did you state that you were forced to write a resignation and forced to write a statement that your BGV was negative? A: Yes , I was forced to write a resignation letter stating that I was resigning from the Pune based IT MNC due to my negative bgv (or false feedback provided by my previous employer in US .You may agree to the fact that it was none other than a retaliatory act by the US company). 3. Did you demand of the BGV from the employer? A: No Sir , I did not .I was utterly shattered and shocked with the sudden act of this MNC . I was attending my office at Hadapsar in the morning .Received a call and was asked to Visit the HR /Admin Department in different location at evening hours . The company was not willing to hear to my defense.I pleaded that I would support them with all evidences ie ,my employment letter with US company ,H1 B Visa stamping, approved Time sheets Signed by Supervisors at client locations in US . They would only disagree and neither they were willing to investigate into the matter themselves before taking a disciplinary action against me . They could have done the same, could have taken time to probe . 4. You should spend quality time with a lawyer/Law firm well versed with such matters/Labor Law/Service Matters/defamation/discriminatory retaliation etc………show all docs on record and proceed further under expert advise of your counsel. A: Yes ,I am willing to engage a counsel for this matter . 5. Your counsel can also advise you if the matter is not barred by limitation. You seem to have a score against US employer that made a false declaration as it not employed you but faced and lost a case related to your employment……………. A: As for the statutes of limitations are concerned, my forced resignation was completely based On the false feedback of my previous employer . The false feedback says that I never worked for that company in US. The Final Decision and Order by Hon Admin Review Board releases in Feb 2015 says that the US company has to pay me My salary until Oct 2007 which also is an indication that I was employee of the same company until then . My H1 B Visa was expiring on Oct 1st 2007 , I didn’t have choice to work further in US because of the ongoing trial . I had no other option but to leave the country .I came back to India ,started attending interview calls .After several rounds of interviews the Pune based IT MNC offered me employment on Nov 15 th 2007. I was working until 1st week of May 2008 and then my resignation was enforced . I was to carry the burden of proof before the Pune Based IT MNC . Based on the most recent Hon Admin Review Board’s Final Decision and Order , I would want to file a civil or criminal defamation case against Pune based IT MNC . I would argue that the statute of limitations would start from Feb 2015 as the resignation was based on the false feedback of US company and this Final Decision and Order is a proof that I was employed with US company until Oct 2007 . Please correct me if Iam wrong Thankyou Madhu
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>>>>>To reach some conclusion you may reply pointwise………………… to all points!
It is possible that bar of Limitation may not be applicable in your case even if you got decision in US case in Jan15.
1. I had asked a question and you have not posted clear reply.
I am repeating this question again:
“Did you state In the resignation tendered by you or in any of the subsequent communications in writing (or recorded):::::: that you were forced to write a resignation and forced to write a statement that your BGV was negative?”
Thus you may clarify that did you ever communicate on record (in writing/ recorded conversation etc………………………) that you were forced/coerced/threatened/pressurized…………….etc?
Your answer does not confirm whether you stated so in writing or not!
It is not understood that ‘What was there to fear’ from Indian Employer? Had you declined to resign the y could have terminated you at the most and you had the privilege to contest and demand copy of BGV report.
1. Did you resign with immediate effect or tender notice of resignation?
Did you get acknowledgment/acceptance of resignation/FnF statement (showing deduction of notice pay, computation of Earned leave/Bonus/Leave encashment etc), Service Certificate, Relieving letter, NOC/NDC, acknowledgment of handover of charge, PF number with a/c slips, ESIC cards,Form16 etc
3 Do you have copy of resignation/notice? Who were the officials of the company that called you to another office of HR/Admin and who extracted the resignation? Who had signed the appointment letter and to whom you addresses you notice of resignation?
4. Are you a member of Employee’s/Trade Unions
5. What was your designation and nature of duties? How many people were reporting to you? Did you have any power to employ,terminate,sanction leave (or recommend ……but clarify) ,grant increment etc?
4. What was your salary: Basic,DA……..etc and total.
5. Was any salary slip, PF number and a/c slip of each year, ESIC card,Form16 issued to you?
6. You were located in Pune (Maharashtra). Your reporting office was also located there.
Regd. Office of the company is located in which state?
How many people are employed in the company?
7. Did you get appointment letter, Salary slip of all months?
8. Is it stated in appointment letter that employment can be terminated if BGV is negative………………….. and service conditions shall be governed by say....................HR policy/Service Rules and regulations/Employee handbook....................and do you have copy of these?
9. You were sent to US company by some Indian Company? Or how did you land up in employment with US company?
What is the relationship between Indian Co. that sent you and US company where you worked?
You may reply pointwise to each point!
