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Raj (Area Manager)     03 December 2013

Employee issue

Dear Sir,

One of my friend working as a Area Manager with Limited company. His company had issued a suspension letter to me on 25th July'13 & put the below allegations on him which was totally baseless & he had a proper documentation to prove himself innocent

1. Recruited fake employees store, without following the required guidelines of the company.
I have never instructed anyone to appoint Mr. Anil Kumar (employee). I have just taken an interview & share the feedback from the management.
2. Forwarded wrong attendance of employee (fake employee) for processing of the payroll.
I have just collated the attendance which was received from the respective store & cross verify the same with leaves & absent mails & i have not got any information about fake employee.
3. During the audit it has been found that there were stock shortages of approximately Rs. 3.50 Lac store.
If I will not interfere & cross verify the previous audit report shortages which was conducted by previous team dated on 3rd & 4th July'13 shortages was much more higher but in 07th & 08th July audit report no shortages were found (as per the report sent by audit team) report shown -12.36 Qty & +59990/-
4. As an Area Manager, your duty was to bring the above said shortages (Rs. 3.50 lacs) to the notice of the company, but have failed to do so.
I accept that it was my major responsibility & I will not denied but as you aware will do every month store audit by month end & company had asked me not to report any store from 28th June’13 till further communication & I have shared the audit report for the month of May’13. I would like to bring to your notice that I have shared all variances & audit reports to the concern person for my region & other region also.
5. Compliance not maintained at the store as per the requirement.
6. No proper register / authorised file for- stocks/staff/attendance/Manual bill books/license were found at the store.
As per my last visit everything was placed & verified but I don’t know which compliance was not found during your visit. It should be cross verified with existing store team & team currently handling the Kharghar store because no one will be beneficial from hiding this but someone image will be smudge because of this.

They have verbally informed him to sit at home in the month of June'13. After that he asked a reason for the same. They said "We will let you know the reason in July first week after discussing with COO." After that they have done some investigation in my reason & put some baseless allegations on me. I have given a proper explanation on the said allegations thru email mail.

After given an explanation they have changed the allegations on suspension letter. Again he given a explanation to the company & shown the evidences to senior person thru mail but still they don't agree to accept the fact & hold entire pending dues & forcing  him to submit his resignation from the current post with their own conditions. Firstly they have put a condition to leave entire FNF against shortages in the store. He clearly denied the same & asked a audit report. As per the audit report no shortages were found & he had asked an explanation for audit report. After 3 days they have changed the entire audit report which was sent to him thrice thru an official email ID. After that company COO had called him to meet. He had done a booking his own but in a last moment they have cancelled the meeting.

He was in touch with company legal person & legal advisor (external) on a regularly basis because as an neutral person they only understand the same. Apart from them none of the person is heeds him & they also told him that you are correct & will discuss with concern person & release you asap with respect.

But no reply come for a long time after that he have request company MD also to look into the matter & send a mail from his side by saying that "I will wait for your revert by this weekend, in case you have fail to revert i assume that company is ready to remove all the allegations which was raised on me & liable to pay all my pending dues till date within 7 days from today." but still no response & no payment was released from company side. He had spent his own money to travel & that was also not released till date.

Sir, Is company is liable to pay him salary on a monthly basis or kept it hold till the final conclusion comes. Pls guide me what to do know due to this his financial condition was going down day by day & his carrer is on task. If incase he need to go to Labour court what will be expences & how to proceed because now its almost 6 months over & they are just escalating issue from one hand to other & not doing any domestic enquiry.

Please help me out.



Learning

 3 Replies

H. S. Thukral (Lawyer)     03 December 2013

Since the employer has alleged some misconduct against the employee, he can not discharge him  simply by a termination letter. The unproved allegations shall cast a stigma on his career and therefore termination as such without giving opportunity to the employee to dispel charges against him shall be in violation of natural justice hence illegal. 

Regarding salary during suspension, it depends upon terms of the agreement. If there is no suspension clause in the agreement, and employer suspends an employee and ask him to sit at home, he is entitled to full wages.  He can claim his wages through court of law.

Act according to above advice.

Raj (Area Manager)     04 December 2013

Thanks a lot for your reply.

I hope you have read employers allegations & reply by the employee. He had tried to give an explanation in front of company but they are stick on there words & no domestic enquiry was conducted & they have sent an termination letter to him & whenever he tried to meet company seniors they are just escalating his issue from one hand to other.

Pls guide me how to proceed thru labour commissioner / labour court for fair justice.

Kumar Doab (FIN)     05 December 2013

The order of termination has already been issued.

You should act as per precise advice of learned Mr. Thukral.

 

 

Approach your labor consultant/service lawyer.


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