Rashmi (Self Employed) 15 October 2014

Mental harassment & defamation at workplace

i had newly joined this pvt organization.

we were 11 in our batch during traing.

looking at the bullying of other teammates & rude approach towards customers of the female manager 9people left the job without even proper resignation within one month of joining.

i had more than forty incidents of bullying &harassment due to which i had high fever, giddiness, high bp & disturbed sleep.

i had an argument with the lady manager & the senior(lady manager's chamchi) then i told them i have my resignation letter & im resigning. i had informed our in-charge director abt these incdents via whatsapp days b4 i resigned but no guidance was given to me abt formal wrttn complaint nor he did anything to improve the situation.

Situation became intorable after i reported the incidents of harassment by the male manager.

the lady & male manager were colledges in another previous organization as well.

i had to take two days informed leave adviced by doctor.my bp had raised & i had got swelling on back of my neck & severe headaches.

i had my resignation letter ready with me for any such reoccurence i would resign right away.

this company has reputation of terminating ppl abruptly & without paying them salary.

even the lady manager has a bad reputation amongs the subordinates.

In my resignation letter i mentioned that "im not comfrtable working in such environment.." they were forcing me to give resignation as due to discipline which i refused & the director refused to accept my resignation.

when i wrote everything in short & sent it to the director in whatsapp app & asked him to take action against both the managers & asked about my salary whch wasn't creditted into my a/c.he arranged a bck dated termination letter & sent it to my previous address which is my frnd's place & HR sent me copy on email.

that's when i got hold of their email addresses & sent them a Defamation legal notice, the got tht letter recalled, but another copy is with me.

i grabbed the opportunity & demanded my salary & action against the male & female manager orelse legal action. they ageed to pay my salary.but they ain't depositing the money in my a/c.bcoz they want me to sign FnF letter. once i sign it, i know i won't get to persue the case further.

all this is going on since 45-50days now.

i did my research abt them & now according to vicarious liability i have asked for action against the concerned managers & compensation for the damages.they are refusing to pay damages.

it's a question of my dignity & im not planning to forgive all this so easily.

this case is a violation of Articles 14,15(3), 21 & 43 as per my knowledge.

now i wanted to know what amount can i sue the company for mental harassment ?

do i have to sue individuals for defamation & mental harassment ? or the company for not taking action?

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7 Replies

Anish Thakur 7018812737 (advocate) 15 October 2014

Repeated query.

Rashmi (Self Employed) 15 October 2014

Originally posted by : Anish Thakur 9459321520
	Repeated query.

Not repeated.i want to know the amounts & procedures for civil case

Anish Thakur 7018812737 (advocate) 15 October 2014

The amount for filing suit differes from lawyer to lawyer and courts.However you can file both criminal cases,suit for damages and compensation,defamation also.Better you contact local lawyer to dicuss the matter further.

Kumar Doab (FIN) 17 October 2014

Agreed that you should proceed further under expert guidance of your lawyer.

You can decline to sign FnF statement if it is not accompanied by payment of FnF wages and also if it incorrect……………or you can mention that it is received under protest.

Satyadarshi Kunal (advocate) 19 October 2014

The said articles are not applicable to your employer as your employer is a pvt company. However, you have many legal options available. I guess you had this question already and many members have contributed enough to suggest you a solution. Let me know if I am wrong.

Regards

Rashmi (Self Employed) 20 October 2014

Originally posted by : Satyadarshi Kunal
	The said articles are not applicable to your employer as your employer is a pvt company. However, you have many legal options available. I guess you had this question already and many members have contributed enough to suggest you a solution. Let me know if I am wrong. Regards

NO not yet.

I came to know that my employer is a fraud company & they are not registered as pvt company .

Can you suggest me the Legl options you deem fit for my situation?

Regards

Daksh (Student) 26 January 2015

Dear Ms.Rashmi,

In my humble opinion I see two set of circumstances which have made your life difficult. One being the inhuman work conditions and secondly the petty politics, bullying as you have stated. These things are covered in the Model Standing Order of any organization and it is the duty of the HR Department that they are followed in letter and spirit.

In so far the harassment at work place is concerned the Supreme Court has already in its Vishakha Judgement has laid down the guidelines very emphatically.

For practical reasons as I make out it is the training phase and you are at the threshold of your career you make peace and move away.

Otherwise as you have already posted legal notice take help of your Advocate and file cases and pursue them vigorously and we are all there to help you out with whatever best we can do.

I hope this clarifies

Thanks and best regards

Daksh