Hi,
As he is NOT a workman under Industrial Disputes Act 1947, he has no remedy in labour law. Under Civil law-I do not think he has, but I do not know.
See, the promises made to him are, in my view, NOT enforceable at law. It is only the ethics, sense of justice and fairplay and morality of the organization that will compel the company management to act one way or the other. I think he has little hopes of being treated fairly at the hands os such uncouth management.
Whether he should resign forthwith-YES for the sake of his pride and dignity, but being practical, he has compulsions of not being employed even for a day (the resume gets a blot and the chances of getting a new job when you are unemployed are far too less anyway.
I think he should resign BUT only after securing alternate employment (even if at a lower salary). I strongly recommend that once he resigns under the present conditions, he NOT withdraw the resignation under any conditions (even if the company apologies and/or doubles his emoluments or offers to compensate in any other way.) The psychological relations and equation with the employer is SHOT completely with such treatment being meted out by the company.
I repeat that the case is too gross to be real. It is very unfortunate that such things happen in the corporate world at all.
Regards
samvedan
September 7, 2006