Bijay_majumdar
Freelancer
Vidyadhar Bhat
Consultancy In Pf
+2 Others

Thread Started by #Aditya110

Dear Seniors,

A gentleman joined our organization on 21st November this year, he was supposed to join a week prior which is 14th of November. But he called me up and mailed me that his Mother in Law died so requested to postpone his joining by a week, and we agreed to that. So he joined on 21st.

After working for 9 days on 30th he resigned with immediate effect. Meanwhile we couldn't send him the appointment letter so he didn't sign it. But he completed joining formalities and gave his attendance for those 9 consecutive days.

we internally calculated that we owe him 9 days's salary and processed that for full and final settlement.

But when we went ahead to link his UAN no with our code we found out that he joined another organization just prior to join us. And he suppressed that fact, he declared in form 11 submitted to us that previously he didn't have any EPF account.

So we called up that organization and found out that he joined there on 10th of October, 2016 and resigned on 18th November, 2016 and then joined us on 21st November. So he suppressed this fact.

So basically when he called me up and said that his month in law died and requested me to postpone his joining date he was actually working in that company and the company confirmed to us that nothing of that sort happened.

So he lied about the reason of the request to postpone his joining date and also suppress his previous employment, gave false declaration in form 11.

Now we are planning to terminate him, but we also want to sue him for doing fraud by saying that lie. To get into the employment contract with us he requested us to postpone his joining date by a week by telling a lie in writing. And that leads to fraud I suppose.

We are a very big and respected MNC in India. So we have a process to follow. So naturally my line manager and the management want to take very strict action for that fraud/lie.

Can we take any legal action against him? Can we sue him for fraud?

I know this will adversely affect his career or may be end it altogether because it's a criminal offence but I'm sorry I have nothing to do under these circumstances.

Please advice can we take a legal action against that person concerned.
24th December 2016 From India, Kolkata
Hi Seniors, Did I post something so vague that it didn’t attract a single suggestion! Please suggest.
24th December 2016 From India, Kolkata
What you want to achieve by taking legal action? Under which law you will initiate action? I am afraid even if you initiate legal action, the person will be able to run through it.
26th December 2016 From India, Mumbai
It will simply waste of valuable time to initiate such action.There will be no outcome out of this.
26th December 2016 From India, Vadodara
Dear Aditya,
As you have mentioned that :
1. He is not issued appointment letter.
2. He has completed joining formalities.
3. He has given form 11, declaring that no previous employment.
4. As per his resignation you have done his F & F settlement for 9 days.
With the above facts, you have uploaded ECR as new employee and generated UAN and only 9 days MC and CC will be paid to PF and if his salary above 15 K, no EPS will be deducted.
And after that you want to file suit against him for providing false information.
As per the others opinion, it's of no use to take action. and simply west of time and energy .
Thanks,
vidyadhar Bhat
26th December 2016 From India, Pune
Dear Seniors,

We just want to send a strong signal to everyone in the company. And we haven't done the F&F yet. We were about to do that, but before that we were about to deduct his PF amount and during this time it came up that he already had a UAN and after that we followed the trail and eventually came to know all about these.

So immediately we put his F&F on hold.

And now we want to take an action against him for lying, cheating or may be doing fraud with us.

Firstly he wrote to us that his Mother in law died and requested to postpone the joining date before joining us which is a lie.

Secondly he suppressed his immediate previous work experience. So suppression of fact is there.

Thirdly he gave false declaration in Form 11.

So there must be some clauses in IPC like cheating, or Fraud, or Breach of Trust using which we can sue him.

Coming to the question of what we are going to gain by doing this - The answer is - Seriously I don't know. I'm just following the orders of my line manager. I personally feel that instead doing all these we should concentrate on some other required things like recruiting somebody else in his position. But my line manager or the other people concerned think that we should punish him. So punishing him is the only intention that we have probably.

So I think we can take some legal and criminal actions against this person in question.

The problem is I think this will not send a positive vibration to the other employees working with us. I personally think if we do this this would be due to the vindictive nature of us. And no employee will feel secure. However I don't mean that every other existing employee will do this. But still this is going to have a far fetched impact upon the others working here.

I tried to convince my line manager with my limited understanding and resources, but couldn't do so.

So naturally we are going to make that person pay for whatever he has done.

But personally just wanted to know is this seriously possible? Can we really file a criminal case against him for whatever he has done?
26th December 2016 From India, Kolkata
Dear Aditya ,
Be practical and face ground realities,it's a very long process and harassment for both parties.That person has already left,now prudently no need to mess up in such matters.Although you should work upon your joining policies or SOPs so that it can never happen in near future in your organisation.Even though you are still want to indulge in litigation then register a FIR against him in nearby police station and also notify his present & past employers also.
27th December 2016 From India, Mohali
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