I was there for 24 years! And one fine day, I was terminated at the end of day, without giving me any notice or any warning letter (No warning letter in 24 years). The reason cited was the litigation of my spouse with the organization. As they tried to bully me into submission for dropping all the litigation first before starting any communication with me regarding my F&F and experience letter. The threat of my termination was verbal only and late evening, e-mail citing 'Termination Letter' is the subject was mailed to me. In their hurry to unsettle me, the accompanying letter was citing discharge - discharging me from the services of the company. Next minute, they tried to amend the e-mail, first by recalling it and remaining unsuccessful in that, they sent another e-mail citing discharged from services. The next days, even with my repeated efforts, they refused to settle my account and blatantly refused to give the experience certificate, openly citing to finish my career till I negotiate the litigation of my spouse first.
HR manager was even more courageous to say that all my F&F will be sent to Assistant Labor Commissioner (ALC) and I have to collect from his office. Site management went one step further by displaying my photograph on security gate just to defame me. As my pleadings were not getting answered, I moved on and got employed at much better position in other organization (I am good in my profession). After almost three (03) months, they sent part payment to my bank account without even letting me know the details. I approached their global whistle blower platform to let know my plight as they were having People as the first priority in their much advertised organization policy. They did nothing. In-between they did something real horrible with my reputation of 24 years.
Now after more than two years of separation from them, I want to reclaim what is of me. Can the members suggest what options I am having now and/or shall be exercised. I stay eternal positive here. And open to all comments.
9th July 2019 From India
Hi,
What do you mean by " litigation of my spouse with the organization ". It is not clear. Did your wife proceeded with any legal action against your employer? Not clear.
Still the way you were shown exit door is not at all right after 24 years of continuous service. There should be some underlying issue between you and your employer. You can brief more exactly for members like us to comment.
9th July 2019 From India, Madras
My spouse was also employee of the same company for 23 years. She was chucked out on the grounds which are challenged as per the laws of the land. As she got into litigation for that, the company tried to settle with me. They planned to push both of us into litigation this bringing to our knees without some constant source if income which I avoided at that time. I am looking some options now.
9th July 2019 From India
A civil action lies for getting back the amounts that are due as well for claiming damages on more than ground, for illegal termination and tarnishing your reputation included.
10th July 2019 From India, Kochi
Hi,
The background of your case seems very complex. This should have been challenged at the time of your exit itself. Hope you are preserving the copy of all communications took place at the time of exit. Now you can demand for your statutory dues including full and final settlement and Gratuity with your ex-employer. Draft a request letter and send them through Registered Post with Acknowledgement Due (RPAD). I suggest you to resolve this amicably with your Ex-employer without escalating it to legal forum to a maximum possible extend. Your ex-employer cannot deny statutory benefit like gratuity and FFS also. Your silence for 2 years is added added factor for your ex-employer. Still you can knock the door.
10th July 2019 From India, Madras
I approached them in-between but they sent me the legal notice not to communicate with them!! At that time, I kept quite as the survival of my family was more important for me. And they want me to go the legal way.... But now, I am better placed, financially sound and can take the sheep by its horn! Already sent the communication through registered post and expecting some answer. In absence of the answer, what are the options now.
10th July 2019 From India
The communications are all intact and with me... And only I communicated. They shunned my e-mails like anything and never responded back in mails. Documentation is one of my strength.
10th July 2019 From India
Hi,
If they are not ready to resolve it amicably then the last remedy is only legal forum. Better appoint a Labour Consultant (preferably retired Additional /Joint /Asst Commissioners of Labour who practice as consultant) who will be able to help you for sure.
10th July 2019 From India, Madras
Dear colleague,
It is high time now for you to knock the doors of justice as you waited too long in vain.
However, before approaching any Authorities under the Industrial Disputes Act, have it thoroughly examined your status as to whether you are 'Workman' or belonging to Supervisory/Managerial category,
Under labour laws, your case will entirely hinge on determination of this single point,
Or else, you may explore approaching Civil court after obtaining expert legal opinion.
Vinayak Nagarkar
HR-Consultant
11th July 2019 From India, Mumbai
Dear anonymous friend,
Very well everyone in this Forum can understand the pain caused to you by the ignominious exit and illegal denial of terminal benefits by your ex-employer for no fault of yours. But, as rightly observed by Mr.Vinayak, the remedy lies on the job position held by you in the previous organization and the possibility of condonation of the delay between the cause of action and the claim.
I can infer from your successive posts that you might have been employed in managerial cadre post before exit and as such you can claim for damages from the employer for breach of the contract of employment through a Civil Court and for your gratuity, better file a claim before the Controlling Authority under the PG Act,1972 for the area where you worked last.
11th July 2019 From India, Salem
Thanks for all the advices... As the organization wanted me to take the legal route (they sent me the legal notice earlier, at the time of separation) I avoided the same as it means falling in their trap and denying the opportunity for employment. I was way above the Manager over there and and they put every efforts to communicate my current employer too by bad mouthing through registered post. I survived that by telling everything upfront to my current employer in the first meeting itself. I have copy with me of that communication. They fiddled with my name in EPF account, I handled that and having proof of that. They sounded me to the authorities, got the proof of it. And what not!! The legal, I will go only at the last resort but positioning myself for law studies... Sometimes, I have to stand up and show the mirror. By the way, some of world's first are credited to my name through that organization and I am still proud of that association.
11th July 2019 From India
Only option left to you is to consult a good labour consultant and a legal adviser and send a legal notice to the company
11th July 2019
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