Sexual harassment

Ms Jain,

What was the relief sought for/demanded in the legal notice?,  What action you have stated to contemplate against the employer in case of declining to accede to your demand made through the said notice, whether to seek relief through civil court or that you will approach Consumer Forum  for redress of your grievance against deficiency of service by the employer?  See what is that you require and proceed through appropriate forum for legal action against the employer.

Dear Sir,

I have asked for my pending dues, paper work and compensation for mental agony. My lawyer has written that legal recourse is advised to me. Sir, this case will not fall under Consumer forum, this is what I understood from another lawyer. But, do you think, I can approach the Consumer forum. Sir, the judicial process would be very lengthy, and I am jobless for 4 months now. Hence, is there any other speedy method available?

Gargi

As suggested by  Mr. SudhirKumar you should have reported the matter to the Women Commission immediately after the incident giving details about the harassment, I dont know how far it will be effective if you prefer a complaint before the said commission at this belated stage because it will be considered as a thought over complaint to harass the employer.  Further, your case may not find a place before a consumer forum for deficiency of service.  The best idea is to approach the District Superintendent of Police/City Police Commissioner in person, handover a written complaint giving the details of the atrocious behavior of your previous employer and his continuing harassment and his refusal to settle the dues to you hence you are requesting the law enforcing authority to initiate appropriate action against him under various sections of the law including for an offence for outraging the modesty of women and criminal breach of trust etc. This is if you do not want to approach civil court for relief and remedy.

Yes it is correct that  your case does not come under the purview of Consumer Protection Act.You have to file civil  suit for recovery of your dues and damages.

Dear Gargi

Take note of each and every situation; try to create as much facts as you can; have everything in written form ie email other ways.

as your reason of resignation is highly sensitive try to get the job not based on past employment history; or try to get the clean experience certificate but in that case you need to assure clean past employment check; as you will find very less companies ready to hire your based on you last employment history(reason of resignation).

as far as getting your past dues are concern do not sign no dues undertaking until you get you dues;have records of you appointment latter and communication regarding you resignation and acceptance of you resignation. off course you cannot file complaint with consumer form as this is outside the preview of legal consumer machineries in India. for that you need to take help of either civil court or batter approach women commission as they are much faster the civil court.

Dear Sir,

My sincere thanks for this useful advice. I will surely exercise this option. Just one question, can I draft this letter on my own or will I have to take lawyer's advice on this?

Gargi

Yes, I had asked this to lawyer many days when he had said that this case will not fall under the purview of the consumer court.

Sure, sir, I will try to approach them too. If they say my case is now old, then maybe I will not have any other option.

Yes sir, I completely agree with your point. I did appear for a few interviews and tried to be honest but it was not taken in the right spirit. And I will not get a clean letter till I agree to sign on the undertaking. The MD has also said that he will change the date of my resignation, in an attempt to wipe off the entire incident. This is despite the fact that they have accepted my resignation. First they persuaded me to change the reason, when I did not agree, they are arm twisting me by not relieving me. It is such a sorry state of affairs. 

Dear All,

I have changed my identity to prevent any further hassles.

Ms. Jain,

If you want to go ahead in your life and are more worried about your career, act intelligently now or it will be too late.  I am not asking you to compromise on any issue but since you are relieved of your stress and other traumatic experiences of your previous firm, take your dues and the other employment certificates by changing the reason for resignation instead of fighting over the issue and lose your valuable time as well employment opportunities.  Kindly do not mistake me, it is purely your call, my suggestion is based on your future well being.

Hello Mam As all sugested that firstly kindly file complaint to woman commission secondly regarding to your dues filed an complaint to labour commission

Is there any cell for s*xual harrasment in your company if not than write the letter to the head office through woman commission for creating the same

Sir, 

I agree with you completely. Yours is a valid suggestion. I am really relieved because I am out of that Company. But I really could not understand how to resolve it. It ended as if I was fighting the Company. I really want to start working asap. But I am just not finding a way out.

Gargi