Is this dual employment? requesting your advice, please help

Kumar sir Thank you for your advice. I have gone through the link of the other thread that you have posted. But there the situation a bit different than mine. Somebody lied before joining an organization in order to postpone his joining date as per the other thread and he worked with A, left and then joined B and working with B. However in my case I never postponed my joining dates neither in X nor in Y let alone telling lies. And I worked with X, left and joined Y and then left and joined X once again. So his problem was lying and mine is dual employment. As far as apprehending about IPC is concerned I have surfed the internet and found out several cases where the hon'ble court has given judgements that concealment of suppression of facts amounts to cheating and a case of moral turpitude. I have got this information from internet and as I have suppressed my employment with X in Y at the time of joining Y so I am a bit scared that if Y comes to know about X will they sue me with an IPC section? Normally in these cases what I know and as per the offer letter given to me it says any suppression of facts or false statement may lead to termination with immediate effect but I guess as per the law companies still can sue an employee with an IPC section and that's why I was apprehending a case. It might very well be possible that I'm thinking way too ahead and may be out of the track to some extent. Anyway thank you for your suggestions

Did you mention in any form/application placed before you by ‘Y’ that you are not working with X?

If yes; do you have copy?

If NO; what is the issue on record?

Even if yes: declare it to Y and request to amend the form/application and give satisfactory reason.

 

Other points have already been discussed. 

Has Y sued you?

 

Or has it issued any pointer or stinker?

 

You need to sit with yourown counsel specializing in Labor/service matters and share everything.

 

 

Kumar Sir,

I haven't told "Y" anything about "X". I didn't tell them precisely that "I have not worked with X", but the point is they don't know about "X". 

Yes during filling up the joining forms at "Y" I wrote a different company's name (Say A) where I worked prior to "X". So that makes it suppression of facts.

I know in such cases they normally terminate and don't go ahead with any other litigations but if they want they can sue me for cheating. 

However at the time of giving me the offer letter I was working with "A", so before getting offer letter "Y" asked me to send some documents and I sent all documents related to "A". I didn't join "X" then. So I hadn't given them any documents related to "X". So for getting offer letter I didn't lied/suppressed any facts to them.

Post that incident I joined "X" and left it and joined "Y" as I have explained earlier and at the time of joining I didn't mention about "X", I only mentioned about "A". 

So I'm scared because that was suppression of fact.

Thank you.

As you have already left the services of  Y, suppression of fact of your service with X was of no consequece to them. They will not take any action against you. In the remote possibility of their taking any legal action, we shall face it then. You only convey all facts to your present employer X. If they agree you clear your cheque from Y. Otherwise don't clear it. Do not give Y a receipt unless X gives consent.

Thank you Ramani Sir.

Subsequent to your last post, in which you have posted that:

"Yes during filling up the joining forms at "Y" I wrote a different company's name (Say A) where I worked prior to "X". So that makes it suppression of facts."

 

You should have stated facts. You have not stated the facts. So you have supressed.

However why would Y sue you you after you have separated and they are willing to process your FnF?

If the need arises request them to let you rectify the error (by oversight) and convince them.

Obtain all docs as already discussed from Y.

Don't conceal anything from X.

Don't submit any leave application to X.

Don't conceal,supress, lie in future.