Dear Sir,
My case in before the labour court at initial stage and following is the history of the case-
1- myself is a sales promotion employee having 20 years association with a pharma mnc .Since my appointment I was working at one HQ only,means no transfer policy of the company.
2-Employer is mnc and Donot believe in any of the Indian labour welfare legislatures,means most of them are violated and operates with its own rules of British origin and any employee or group of employees oppose to it they are being targeted and victimised by the company managers.
3-Me was the one who was actively pursuing the workman welfare laws get implemented and when employer refused to do so,I knocked the door / lodged complaint before office of the labour commissioner.Labour commissioner in his investigation found employer guilty and recommends punitive action against the company MD and forwarded the case to the Chief Judicial Megisterate to take action.
4-employer went to height court and took stay on proceedings which is 5 years now and case is still pending due to high court stay.Myself unable to pursue at high court to break the stay because it is costly matters.Any how that case is pending before CJM due to high court stay.
5-Due to all this my employer developed bitterness in their mind towards me and began to harass me under the pretext of sales targets,impartiality in annual increments,favouritism to my junior colleagues just to harass me,stopped all my career orientation trainings and career enhancements.I was bearing all this because I was in need of job due to family responsibilities and loans on me.I was aware any voice raised by me will result loosing the job,which I never want.
6- there after employer managers build pressure on me to withdraw the case which I refused to do so.It further resulted into my harassment when management with a pre plan insulted me in a company meeting in front of all junior and senior employees .This incident of misbehave with me in open meeting ,lost my patience of bearing harassment so I raised the issue to VP-Human Resources to intervene .
7-HR deptt inspite of giving me relief and keeps totally silent despite reminders
8- The day I raised /escalated the issue to VP-HR and receiving no reply promptly ,to be safer side I lodged another complaint before Labour commissioner of harassment and apprehension of victimisation including termination/wages stoppage or distant place transfer as a punitive action.
9--Next after 7-10 days company issued me a transfer order to distant place and dated mentioned on the transfer order is back date of 20 days where as posted to me is later.In the Transfer Order issued to me there is change in designation/demotion of my current post .
10--I Had already lodged the complaint before the labour commissioner so this transfer order too was challenged as punitive and malafide and constructive dismissal of mine.
11-Conciliations failed and case was referred to the labour court ,which is in initial stage.
12--My concern is I have refused to join at transferred place ,as. Transfer order is malice and continue to work at present Hq ,But employer is stating it illegal and stopped my salary and allowances.
My Concern are-----
1- How can employer change my designation /demotion in the transfer order without giving notice to me ,is it enough to prove that transfer order is malice and punitive in nature by demoting me under the guise of transfer order.
2---- I have written numerous communications to the employer to explain under which laws or circumstances you have changed my designation ,but employer is not replying to any of my representations.
3-----how can I seek interim relief from the court regarding my salary and allowances to survive me and my family.
4-----Also to note that more than one year passed since this dispute was raised and till date I have not joined at transferred place,in fact in am showing my working and attendances at my old HQ and company is even sending me monthly instructions of work and providing the inputs of medicine samples every month .
5-----company is staying my old Hq work illegal and I am stating to them I will wait for the court verdict because your transfer order is punitive and malice and it amounts to unfair labour practices.But employer has refused to pay my salary .
kindly guide me how should I proceed ?
