My x company has filed the criminal 420 & breach our trust case against us I was accuse A3 in 2011,company did not agreed to pay me anything to us until this this case gets over & they have not relived us even , 2013 April case got dismissed by the court order , my earned name in the market is gone no one is giving me a job due to integrity issue even after case got dismissed by the court , My Question is
1 , can we or i put the defamation case against the company ( it is an MNC)
2. can we or i demand the enter 1.6 months’ salary , how do I do that? What should be the 1st step,
3 , I have tried to talk to company , they told they will challenge the court order, 3 months before, now it 8 month over after my judgment , can still they can go or not ,
4. if yes what are the things that i can clime with the company ,
5 , I have not got the reliving latter till today & nether salary nor job in hand as of today ,
I don’t know how to overcome my life challenges now
attribution https://www.citehr.com/member.php?u=...#ixzz2ncl72xSk
From India, Mumbai
1 , can we or i put the defamation case against the company ( it is an MNC)
2. can we or i demand the enter 1.6 months’ salary , how do I do that? What should be the 1st step,
3 , I have tried to talk to company , they told they will challenge the court order, 3 months before, now it 8 month over after my judgment , can still they can go or not ,
4. if yes what are the things that i can clime with the company ,
5 , I have not got the reliving latter till today & nether salary nor job in hand as of today ,
I don’t know how to overcome my life challenges now
attribution https://www.citehr.com/member.php?u=...#ixzz2ncl72xSk
From India, Mumbai
Dear friend
More detailed information should have been provided by you; to let everyone understand the matter clearly. what was the specific charges, and when were your services terminated by the company.
The company has filed a criminal case against you; but it is not clear if on that basis they have terminated your services.
You have been acquitted of the charges.
If the appeal is not filed within the stipulated time; there will be no further action.
If you wish to get any relief on account of this; you may request the company to do so; failing which you may consult a lawyer and file a civil suit for claimimg damages and compensation.
Warm regards.
From India, Delhi
1426More detailed information should have been provided by you; to let everyone understand the matter clearly. what was the specific charges, and when were your services terminated by the company.
The company has filed a criminal case against you; but it is not clear if on that basis they have terminated your services.
You have been acquitted of the charges.
If the appeal is not filed within the stipulated time; there will be no further action.
If you wish to get any relief on account of this; you may request the company to do so; failing which you may consult a lawyer and file a civil suit for claimimg damages and compensation.
Warm regards.
From India, Delhi
Dear Sir,
1. There no Monitory charges has been quoted in The FIR or Charge sheet,
2. The charge IPC section 420 & Birch of trust ,
3. Nov 10 the they told us to resign on Dec 25th they filled the case, even we did not know, about that ,
4. When we went to check about the same with PC they have arrested other & they were inside for 14 to 21 days,
5. On request they pay us 2 month salary ,the told since the case is running they can pay any think ,
6. Since then we were laterally we were suffering , like hell,
On 2013 April we got the judgment, immediately we approached the HR for settlement they did not responded properly ,
On this month they have put the petition for challenging the court order,
Pls help what all think we can climb , & now again case is opened can we clime any damages, PF Gradty ,
Pls help ,help, give the best suggestions lot of think I cannot share,
From India, Mumbai
1. There no Monitory charges has been quoted in The FIR or Charge sheet,
2. The charge IPC section 420 & Birch of trust ,
3. Nov 10 the they told us to resign on Dec 25th they filled the case, even we did not know, about that ,
4. When we went to check about the same with PC they have arrested other & they were inside for 14 to 21 days,
5. On request they pay us 2 month salary ,the told since the case is running they can pay any think ,
6. Since then we were laterally we were suffering , like hell,
On 2013 April we got the judgment, immediately we approached the HR for settlement they did not responded properly ,
On this month they have put the petition for challenging the court order,
Pls help what all think we can climb , & now again case is opened can we clime any damages, PF Gradty ,
Pls help ,help, give the best suggestions lot of think I cannot share,
From India, Mumbai
Dear Sir,
If any employee involved in any criminal offences, the employer can suspend him immediately pending enquiry after issuing show cause, charge memo and called for the explanation of the employee. If the criminal court convicted the accused, then only the employer can terminate the employee on that basis... If the employee acquitted from the criminal case, then he is entitled to continue his service with all back wages. Hence you can raise the claim before the commissioner of labour as per law and asking for reinstatement with full back wages or you can raise the claim before the concerned authorities to settle the statutory dues from the employer under relevant provisions under Industrial Disputes Act or any other law as applicable in your case....
regards
jeeva
advocate
From India, Chennai
If any employee involved in any criminal offences, the employer can suspend him immediately pending enquiry after issuing show cause, charge memo and called for the explanation of the employee. If the criminal court convicted the accused, then only the employer can terminate the employee on that basis... If the employee acquitted from the criminal case, then he is entitled to continue his service with all back wages. Hence you can raise the claim before the commissioner of labour as per law and asking for reinstatement with full back wages or you can raise the claim before the concerned authorities to settle the statutory dues from the employer under relevant provisions under Industrial Disputes Act or any other law as applicable in your case....
regards
jeeva
advocate
From India, Chennai
Dear Primit
Unfortunately, you may have to put up with the situation till the matter is finally decided by the Higher Courts and put to rest. During the pendency of the matter, the Company may continue its treatment as it has been doing now.
Meanwhile you have the option of hiring a lawyer; apart from or in addition to the one who will represent you in the criminal case; who can file a Civil suit against the Company.
Your Civil lawyer will also be able to help you in case there is a possibility of "OUT-OF-THE-COURT" settlement. !!
If you are INNOCENT, then do not lose hope and keep fighting for Justice.
Warm regards.
From India, Delhi
Unfortunately, you may have to put up with the situation till the matter is finally decided by the Higher Courts and put to rest. During the pendency of the matter, the Company may continue its treatment as it has been doing now.
Meanwhile you have the option of hiring a lawyer; apart from or in addition to the one who will represent you in the criminal case; who can file a Civil suit against the Company.
Your Civil lawyer will also be able to help you in case there is a possibility of "OUT-OF-THE-COURT" settlement. !!
If you are INNOCENT, then do not lose hope and keep fighting for Justice.
Warm regards.
From India, Delhi
dear Sir,
Pl don't feel bad about some Question,
1. They ( mean only company auditor only ) did some enquirer along with other accused
2. They did not give any termination latter or I have not signed any copy like that,
3. They asked me Wright the resignation latter & I have done so , with HR, OPDir & auditor
4. After couple of week they lodged the compliant , no update received from anyone & they directly arrest warrant raised & they started chasing us,
5. Two other went check why & who then they took them into the custody & pushed them in side, for 21 days
My latest update is
I have spoken to My HR Head India, he directed to their legal team,
He confirmed he challenge the court order, same has been done after 7 months (this month they reopened the case)
During this re opened period, can I demand for salary along with the before judgment,
Can they stop My PF & gratuity during this period?
Company will pay me PF till now
If I can climb how should I clime till last physically working day or till today (since they did signed any reliving latter or I have not received any reliving latter call,
Pl suggest ,
From India, Mumbai
Pl don't feel bad about some Question,
1. They ( mean only company auditor only ) did some enquirer along with other accused
2. They did not give any termination latter or I have not signed any copy like that,
3. They asked me Wright the resignation latter & I have done so , with HR, OPDir & auditor
4. After couple of week they lodged the compliant , no update received from anyone & they directly arrest warrant raised & they started chasing us,
5. Two other went check why & who then they took them into the custody & pushed them in side, for 21 days
My latest update is
I have spoken to My HR Head India, he directed to their legal team,
He confirmed he challenge the court order, same has been done after 7 months (this month they reopened the case)
During this re opened period, can I demand for salary along with the before judgment,
Can they stop My PF & gratuity during this period?
Company will pay me PF till now
If I can climb how should I clime till last physically working day or till today (since they did signed any reliving latter or I have not received any reliving latter call,
Pl suggest ,
From India, Mumbai
dear Sir,
Pl don't feel bad about some Question,
1. They ( mean only company auditor only ) did some enquirer along with other accused
2. They did not give any termination latter or I have not signed any copy like that,
3. They asked me Wright the resignation latter & I have done so , with HR, OPDir & auditor
4. After couple of week they lodged the compliant , no update received from anyone & they directly arrest warrant raised & they started chasing us,
5. Two other went check why & who then they took them into the custody & pushed them in side, for 21 days
My latest update is
I have spoken to My HR Head India, he directed to their legal team,
He confirmed he challenge the court order, same has been done after 7 months (this month they reopened the case)
During this re opened period, can I demand for salary along with the before judgment,
Can they stop My PF & gratuity during this period?
Company will pay me PF till now
If I can climb how should I clime till last physically working day or till today (since they did signed any reliving latter or I have not received any reliving latter call,
Pl suggest ,
attribution https://www.citehr.com/479040-crimin...#ixzz2npZKLfyW
From India, Mumbai
Pl don't feel bad about some Question,
1. They ( mean only company auditor only ) did some enquirer along with other accused
2. They did not give any termination latter or I have not signed any copy like that,
3. They asked me Wright the resignation latter & I have done so , with HR, OPDir & auditor
4. After couple of week they lodged the compliant , no update received from anyone & they directly arrest warrant raised & they started chasing us,
5. Two other went check why & who then they took them into the custody & pushed them in side, for 21 days
My latest update is
I have spoken to My HR Head India, he directed to their legal team,
He confirmed he challenge the court order, same has been done after 7 months (this month they reopened the case)
During this re opened period, can I demand for salary along with the before judgment,
Can they stop My PF & gratuity during this period?
Company will pay me PF till now
If I can climb how should I clime till last physically working day or till today (since they did signed any reliving latter or I have not received any reliving latter call,
Pl suggest ,
attribution https://www.citehr.com/479040-crimin...#ixzz2npZKLfyW
From India, Mumbai
Hello Primit,
It is quite sad to know the state of affairs you are suffering through. Many learned followers have suggested you rightly to seek help of a competent lawyer who will take care of your case in Higher Courts and also to give legal notice to your Company to settle your legitimate dues or even to re-appoint you till you are proved guilty, because you have been acquitted by lower court.
Secondly, do not hurry in claiming your post retirement/terminal dues, as in such condition, you yourself will help the Company management to declare you an ex-employee.
On the other hand, if they have issued you a termination letter, you have seized to be their employee and in this case you can claim your post terminal dues as per law.
If the termination has been made on the basis on allegation only without departmental inquiry, the termination is illegal and you can file a suit against it before appropriate Court or request for such direction in your Affidavit against the Appeal made by the employer in Higher Court(s). The legality of the same will be taken care of by the Learned Counsel whom you wish to hire.
Best wishes.
AK Jain
From India, Jabalpur
It is quite sad to know the state of affairs you are suffering through. Many learned followers have suggested you rightly to seek help of a competent lawyer who will take care of your case in Higher Courts and also to give legal notice to your Company to settle your legitimate dues or even to re-appoint you till you are proved guilty, because you have been acquitted by lower court.
Secondly, do not hurry in claiming your post retirement/terminal dues, as in such condition, you yourself will help the Company management to declare you an ex-employee.
On the other hand, if they have issued you a termination letter, you have seized to be their employee and in this case you can claim your post terminal dues as per law.
If the termination has been made on the basis on allegation only without departmental inquiry, the termination is illegal and you can file a suit against it before appropriate Court or request for such direction in your Affidavit against the Appeal made by the employer in Higher Court(s). The legality of the same will be taken care of by the Learned Counsel whom you wish to hire.
Best wishes.
AK Jain
From India, Jabalpur
Thanks very much to all,
1.Now I have applied for PF they are asking us issue PF trust form,
Is there any issue if I clime the PF ( since I need in money Very badly I could not lead my daily life also, )
2.1st police station was take the case & it was driven by PP , with the company letter in the 3rd metro Politian court , ( case got Acquitted ) Now the company itself applied in next court District court ,
Are we eligible to clime all the due court case period dues 1. Salary. PF. Other settlements,& lawyer fees also till this case get over in the all the courts, period,
While case is running in district court can we clime living hood, what are the process for the same , how to process for that ,
Now I don’t have any job or not none of the company issuing offer letter, due to court case how do I lead my life,?
From India, Mumbai
1.Now I have applied for PF they are asking us issue PF trust form,
Is there any issue if I clime the PF ( since I need in money Very badly I could not lead my daily life also, )
2.1st police station was take the case & it was driven by PP , with the company letter in the 3rd metro Politian court , ( case got Acquitted ) Now the company itself applied in next court District court ,
Are we eligible to clime all the due court case period dues 1. Salary. PF. Other settlements,& lawyer fees also till this case get over in the all the courts, period,
While case is running in district court can we clime living hood, what are the process for the same , how to process for that ,
Now I don’t have any job or not none of the company issuing offer letter, due to court case how do I lead my life,?
From India, Mumbai
Dear friend
I can only answer a few questions; for the rest you have to discuss with your Lawyer - as already advised earlier.
Withdrawing your PF accumulation would not be a prudent move; as it will re-inforce the fact that you also consider yourself as ex-employee and that you are satisfied with this status.
Since your claim is for continuation of service or re-hire; you should let PF amount remain as it is.
Secondly, your claim for some livelihood or SUBSISTENCE ALLOWANCE is not tenable as in the company's records your services have been terminated.
The ultimate hope for you lies in the judgement of higher Courts. Engage a good lawyer and hope for the best.
Warm regards.
From India, Delhi
I can only answer a few questions; for the rest you have to discuss with your Lawyer - as already advised earlier.
Withdrawing your PF accumulation would not be a prudent move; as it will re-inforce the fact that you also consider yourself as ex-employee and that you are satisfied with this status.
Since your claim is for continuation of service or re-hire; you should let PF amount remain as it is.
Secondly, your claim for some livelihood or SUBSISTENCE ALLOWANCE is not tenable as in the company's records your services have been terminated.
The ultimate hope for you lies in the judgement of higher Courts. Engage a good lawyer and hope for the best.
Warm regards.
From India, Delhi
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