Umakanthan53
Labour Law & Hr Consultant
Rajan Gosavi
Career Counselor
KK!HR
Management Consultancy

Hello all I am stuck in a corporate issue, I would need some suggestions from all. I joined an organization on 20th Nov and worked till 1st January (i.e 40 days).
I had an unfortunate accident on 1st Jan and I was admitted in hospital after that I put a mail to my team leader regarding it and I told her that I know that company expects some targets from me and I won't be able to come to the office and I said, you can remove me from the job, then the mail bounced as the email id was wrongly typed which I failed to notice, then after few days, I was supposed to get my salary but they absconded me and my salary was blocked, I called her and told her that I intimated and I also shared the screenshot but she is not accepting my mistake and my salary is blocked. I am ready to work because it was a mistake from my side.
Please help

From India, Mumbai

Attached Images
File Type: jpg IMG_20210111_134544.jpg (268.2 KB, 5 views)

I received a call from an unknown number which was not saved in my mobile,they are claiming that call was our call to intimate you
From India, Mumbai
While our sympathies are with you, it appears to be a tight situation. When your Manager refuses to see the reason, there is nothing much you can do, but probably you can try to personally explain the situation to her.
Presuming that you are still in service of the company, an alternative would be to write to HR with full particulars.
In view of your records regarding the accident and failed mail, the conclusion of having abandoned service shall not lie. You can harp on that.

From India, Mumbai
I did that but they are ignoring my messages and mails,what action can I take now?
From India, Mumbai
Dear Rajan,

Whatever the extent of the advancement of science and technology, the ultimate means of communication is the traditional verbal communication only. Now a days people want to do everything on On-line mode. In matters of legal importance, it is better to have a follow-up in written form.

From your narrative, it's clear that the Company wants to dismiss you on the ground of abscondence which will certainly affect your future employment

Therefore,try to sort out the things in an amicable manner.

I think you must be a probationer. If so you may have to serve a minimum period of notice before resigning. Better verify your appointment letter.

Though you haven't intended to resign initially, your failure to communicate the reason for your absence in time might have induced your employer to treat this unauthorised absence as abscondence. Without prejudice to their right to do so, they are bound to do so only according to the principles of natural justice. They can't withhold your salary for which you actually worked. Even they may ask you to resign and adjust the salary against notice.

What's your last drawn monthly salary?
If it's Rs.24000 or less, you can file a claim u/s 15(1) of the Payment of Wages Act,1936 before the Deputy Labor Commissioner for the area or if more, make a complaint u/s 33(1) of the ID Act,1947 to the Secretary to Govt, State Labor Department or file a claim u/s 33-C(2) before the Labor Court.

From India, Salem
It was 45k in hand,what would be the further procedure? Please explain
From India, Mumbai
You may make one last attempt to personally meet and explain the position, if every attempt fails you have no recourse but to take legal action (file claim under Section 33 C(2) of ID Act 1947) but before that issue them a proper notice raising dispute over the termination of service as absconding. The evidence you have is sufficient to dispel the presumption of abandonment
From India, Mumbai
Can you please explain me the procedure of section 33(c)2
From India, Mumbai
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