I need some suggestion and guidance on same. I was working with one of India's leading Media company from last 8.5 years and hold a very impressive record with them. From last 3 years i was helping my wife out to establish a online business and whatever money comes from that business directly comes to my salary account because she was not having any Bank Account. So from account to everything for her was created by me and amount of 9 lakh comes in two year out of which only 2 lakh was profit rest all was for the work done and fees of some other freelancer.
All the payment and fees was also done from my account. So i have proof of all transaction to show. Secondly one of known journalist wanted to start some Website and as i being knowledgeable in this field, i helped him to get all the things together. He sent me around 6.5 lakh rs in 2 years and that all was given for hosting fees, SEO, facebook promotion all proof i have , it was all done in good faith and i was not keeping any commission from that but only mistake i did was to take all the money in my account and then given it to different people. One more mistake i did was not to take my current company in confidence. It was very careless mistake as i have no motive of cheating the company. But things has to to happen.. Company comes to know about these transaction and terminate me without any notice or any warning and thought that i am getting this work done from the employees of the company, which i was not doing and they don't have any proof of the same.
In the internal investigation they show me this excess amount and i wrote infront of them of that amount is transfered to my account but is then used to paid people and i can give proof of that but still they terminate me saying that it was unethical and i broke company clause. I accepted that and accepted my termination.After completing all my formalities and handing over the official things in my possession very next day i.e 24th September, I was told that my full and final formalities along with experience letter will be done within the stipulated time frame of 45 days.
But even after 90 days , there is no clarity on my experience certificate and full and final dues. Despite of several verbal & mail commitments, I've still not received the same. Because of this time frame and experience certificate, I was not able to look for other employment opportunities. I am not even able to initiate my PF withdrawal process. But when i pressurise them to settle my F& F payment they after 91 days sent me a notice saying that i need to pay them all 15.35 lakh i earned as excess income in 7 days otherwise they will forfeited my gratuity and any dues with them and to recover pending amount they will intiate legal process.
They have just sent me notice of whatever excess total income come in my account without even considering the amount spend out of that, i have bills and all proofs of money given to people who were working for website , penny to penny.
I have carefully read the clause of the company and it states that any work created or done by me during employemnt such as writing or anything for them , they hold exclusive rights for that but please suggest how this work is their intellectual property? and the work done was noway related to the work i am assigned for and i have not used material of company in the said website , yes it is related to same filed the company is but whatever material is published on that site is purely intellectual property of my friend as he is well know journalist. Can someone give me some clarity how to pursue this case further. How strong is my case and should i go legal way to recover my money which is around 4lakh gratuity and 5.5 lakh PF. Any advice is welcome 27th December 2015 From India, Delhi