Harvinder Singh (Scanning Operator) 28 January 2014

Want to file a case against employer

Sir,

This is Harvinder. I have worked 6 years in a National Newspaper. In last some months My HOD started to treat me in bad Ways. After that he gave wrong feedback about me to Higher authority and Higher authority transferred me with an immidiate process on same Employment Conditions (No Increment in Salary). Company sent me a mail of my transfer on 3rd of Jan 2014 and my transferred effective from date 1st of Jan 2014. When i replied to this mail and asked to company that i do not want to take this transfer and guide me now what to do. Then i didn't get any response from Management. After that i take medical leave from 4th of January 2014 to 10th of January. When i was on leave company didn't communicate with me and even not reply to my Medical leave mail. After that i resigned on 10th Jan 2014 with no notice Period.

Now when i went to office to collect my pending dues and Relieving Letter HR said that i have to pay one Month Basic Salary because i didn't give one month Notice Period.

So this is my story. Now i want guidance by Lawyersclub that what should i do now? should i pay this one month basic salary or go to Court.

This is the mail which i received.

From: Sanjay Sharma-hr
Sent: Friday, January 03, 2014 6:49 PM
To: Harvinder Singh
Cc: Jyoti Chauhan; Rajesh Jangir; L N Parashar; Ashish Kumawat; Amitav Naresh; Alok Chitransi
Subject: Trasnfer Letter

Dear Mr. Harvinder,

The Management is pleased to transfer your services to Jaipur. Your Transfer effective date is 1st Jan, 2014.

On transfer, All other Terms and Conditions of your Employment would remain the same. Please clear all dues if any, from Sri Ganganagar Office.

You will be reporting to Mr. Laxmi Narayan Parashar-Deputy Manager.

With best wishes for your new Assignment.

Regards,

Sanjay Sharma

HR & Admin Team

0141-3981130

Regards

Harvinder Labana

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2 Replies

Avadhesh Paliwal (advocate) 28 January 2014

please immidiately move to advodate which is labour law experts

Kumar Doab (FIN) 29 January 2014

You have resigned by your free will.

The notice period and pay in lieu of it shall be depending upon standing orders applicable to the establishment (Certified/Model) and extended to the designation of employee.

If you are a confirmed employee the notice period as in Model Standing Orders is 1 month.

Apparently you have not contested the transfer as 'Malafide'.

If there is no merit in your case then it shall be appropriate not to agitate and rather appeal to good offices of appointing authority/MD, to waive the notice period/pay. If they decline obtain your clean relieving letter, service certificate, FNF settlement and move on.

It is felt that the escalation by your Boss has been recorded in your personnel file and it may affect you in future during reference check/BGV.

Therefore you should have acted in time to represent to good offices so that there could have been no adverse notings in your personnel file.