Struggling with Unsettled Dues After Termination from WIPRO BPO: Seeking Legal Help in Kolkata

Hello all,

I joined WIPRO BPO (Kolkata) on 2nd Jan 2009 but was terminated on 7th Nov 2009 despite sending my resignation by email and courier as requested by the HR (TED) Ms. Aprajita Byas / Ms. Rituparna Ghosh, Manager HR (TED). I was suffering from jaundice, which prevented me from attending the office. I was asked to resign, which I did through email and courier due to my ill health. Unfortunately, none of these resignation attempts were acknowledged, and I was declared absconding and terminated from service.

Both my appointment letter and termination letter (issued by their Bangalore legal cell) clearly state that my full and final settlement will be processed in due course. However, it has been over two and a half years, and my dues have not been settled by the Manager HR (TED) Ms. Rituparna Ghosh. Despite multiple efforts to meet her in person, she insists that I must pay one month's notice period salary, even after being terminated, to receive my PF and last salary. This requirement is not mentioned in my appointment or termination letters or in any labor laws.

During a meeting with her on 21st Jan 2011, she reiterated that my PF withdrawal form would not be forwarded unless I paid the notice period, citing WIPRO's HR policies, which were not mentioned in any official documentation. I have attempted to contact their Bangalore office's legal cell at [Phone Number Removed For Privacy Reasons] numerous times but have been unable to reach the right person.

I am seeking legal assistance to claim my legitimate dues, which amount to approximately Rs. 8,000 (PF) and Rs. 3,500 (last salary). I am willing to pay half of my F&F settlement as legal fees. If there is a lawyer in Kolkata who can assist with this matter, please contact me at [Email Removed For Privacy Reasons].

Thank you and Regards,

Tanmoy Banerjee.

Termination and Unsettled Dues at WIPRO BPO

I joined WIPRO BPO (Kolkata) on 2nd January 2009 but was terminated on 7th November 2009 despite sending my resignation by email and courier, as requested by the HR (TED) Ms. Aprajita Byas and Ms. Rituparna Ghosh, Manager HR (TED). I was suffering from jaundice and could not attend the office. I was asked to resign, which I did. Due to my ill health, it was not feasible for me to physically go to the office, so I sent my resignation by email and courier. Unfortunately, none of these were acknowledged, and I was marked as absconding and terminated from service.

Both my Appointment Letter and Termination Letter (issued by their Bangalore legal cell) clearly stated that my full and final settlement would be cleared in due time. However, it has been over two and a half years, and my dues have not been settled by the Manager HR (TED) Ms. Rituparna Ghosh. Despite my efforts to meet her at the office, she insists that I must pay one month's notice period salary, even after being terminated, to receive my PF and last salary. This requirement was not mentioned in my appointment or termination letter or in accordance with labor laws.

I met with her in person on 21st January 2011 as requested for a discussion, but she remained adamant and stated that my PF withdrawal form would not be forwarded to the PF commissioner's office unless I paid the one month's notice period, citing WIPRO's HR policies. These terms were not outlined in any official document provided to me. I have tried contacting their Bangalore office at [Phone Number Removed For Privacy Reasons] (Legal Cell) numerous times but have been unable to reach the appropriate person.

I seek assistance from any lawyer or individual who can help me in obtaining my rightful dues. My Full and Final settlement is approximately Rs. 8,000 for PF and Rs. 3,500 for the last salary. I am aware of other employees facing similar conditions even after working for over four years at WIPRO BPO. This organization appears to have difficulty settling F&F dues promptly.

I am willing to share half of my F&F final settlement as legal fees. Do you know of any lawyers in Kolkata who could take up this case for a reasonable fee? I am also aware of another individual who worked for over four years and is struggling to obtain a release letter from WIPRO BPO Kolkata despite their resignation letter being accepted. If anyone is willing to assist, please contact [Email Removed For Privacy Reasons].

Thanks and Regards,
Tanmoy Banerjee.

Hello all, I joined WIPRO BPO (Kolkata) on 2nd January 2009 but was terminated on 7th November 2009 despite sending my resignation by email and courier as requested by the HR (TED) - Ms. Aprajita Byas / Ms. Rituparna Ghosh, Manager HR (TED). I was suffering from jaundice, which prevented me from attending the office. When asked to resign, I complied by sending my resignation via email and courier as it was not feasible for me to physically visit the office due to my ill health. Unfortunately, none of these actions were acknowledged, and I was declared absconding and subsequently terminated from service.

Settlement Issues

Both my appointment letter and termination letter (issued by their Bangalore legal cell) clearly state that my full and final settlement will be cleared in due course. However, it has been over two and a half years, and my dues have not been settled by the Manager HR (TED), Ms. Rituparna Ghosh. Despite several attempts to meet her in person, she insists that I need to pay one month's notice period salary, even after being terminated, in order to receive my PF and last salary. This requirement is not mentioned in my appointment or termination letter, nor is it in accordance with labor laws.

Meeting and Attempts to Resolve

I met with Ms. Ghosh on 21st January 2011 for a discussion as requested, but she remains adamant, stating that my PF withdrawal form will not be forwarded to the PF commissioner's office unless I pay the notice period salary. She claims this policy aligns with WIPRO's HR policies, yet such terms were not disclosed in any of my official documents. Attempts to contact the Bangalore office, with the phone number [Phone Number Removed For Privacy Reasons] (Legal Cell), have been unsuccessful as I have not been able to reach the appropriate person despite numerous calls.

Seeking Legal Assistance

I am seeking legal assistance to help me obtain my rightful dues, amounting to approximately Rs. 8,000 INR (PF) and Rs. 3,500 INR (last salary). The last salary amount is reduced due to my illness during the final month, where I was only able to work for 7 days. I am willing to share half of my final settlement amount as legal fees for assistance in this matter. I am aware of other employees who are facing similar issues, even after working for over 4 years. It seems that WIPRO BPO does not easily settle F&F dues, creating a recurring problem for employees.

If there is a lawyer in Kolkata who can take up this case for a reasonable fee, please contact me at [Email Removed For Privacy Reasons].

Thanks and Regards,
Tanmoy Banerjee

Approaching the Labour Officer Before Legal Action

Dear Tanmoy, don't approach a lawyer directly. As of now, you should approach the Labour Officer (LO) in your area. Explain your case to him. He may call both parties. If you are satisfied with the verdict of the LO, that's good. If not, then you should approach a lawyer who handles labour cases.

I recommend this option because sometimes labour courts dismiss cases on technical grounds, such as the aggrieved party not approaching the Labour Office to address the grievance. Sometimes courts handle cases directly and give verdicts in favor of the labour too.

If what you have mentioned is taken at face value, there is merit in your case. Since no domestic enquiry was conducted, your termination could be considered null and void. However, only the labour court can decide this. But there is a catch too. In India, court cases move at a snail's pace, and it may take a decade or even more to settle your case!

Handling Your Provident Fund (PF)

Regarding your PF, it is advisable to get it transferred. All that is required is to submit a transfer form to your current HR department. You need to provide the PF number of your previous employment. If you transfer the PF, your old employer will not be involved at all. Considering you have worked for barely 10 months, the contribution amount is relatively low. So, why fight on this ground?

Since this is a legal matter, other senior members like Rajan Associates, RN Khola, Saiseven, Tajsateesh, Vasant Nair, etc., may also give their opinions.

Ok...

Regards,
DVD

Dear Dinesh, Thanks for your advice. I'm working on my own (server work) ever since I was terminated, so my PF cannot be transferred anywhere. The company's PF is registered at Nehru Place, New Delhi. It's very difficult to follow up as I'm located in Kolkata. I complained online to EPFO about a year back but have yet to hear from them. So the only option is to withdraw it by using Form 10C and 19. I'm aware this process will also take a long time. I have also filed a complaint with the PF commissioner and hope that some action will be taken against these high-handed companies. I'll escalate this case to the highest level, come what may... I hope there is some law and order in this country... Cheers...

Dear Tanmay, Mr. Divekar has rightly suggested the approach you can take. However, why is HR demanding a pay of 1 month? You have your medical papers ready. Those will be useful. I know what great souls some of those HR people are and the kind of silly mistakes they make. Chances are they sat on your letter or simply shoved it in one of their drawers until you were declared absconding. Let the doctor who treated you testify in the court of law, and the HR managers who are involved should also vouch that they are 100% sure that you were absconding. First, approach the labor officer and then a lawyer. Have your PF transferred. I, of course, would like to believe that you are young and you are not quite like the other oh-so-sensitive Bengali boys who can't take the stress of a BPO lifestyle. I will be happy to be wrong. 

Take care and give a good fight if you are on the right side of the law. By the way, please don't take the CEO and others to court; you will be the biggest fool on earth while doing that.  

Cheers!

Saurav Das

This is a unique example of a mess made by the HR people. I am sure that Azim Premji must not be expecting such a violation of the law of the land and natural justice. No company can hold the PF in any case. Even the court also cannot order the attachment of PF and gratuity.

My suggestion would be to write to the PF Commissioner and even directly to Azim Premji's office to teach a lesson to the so-called adamant lady in HR.

Regards,

This is not a unique example of this particular BPO. The list may run into a few thousand. It's just that no one ever brought it to public notice. If you have access to the PF data, then check the account of DL/23719/ - you will know how many unclaimed PF accounts are there.

I have already complained to the PF office more than a year back, but no action has been taken. Moreover, the status of the online complaint shows it's resolved! My online complaint registration dated 25th Jan 2011 is DELSO/E/2011/00464. My complaint to [Email Removed For Privacy Reasons] dated 6th Jan 2012 was never read or acknowledged. So please let me know whom to approach now?

I hope you know this kind of case takes years in a court of law, and the legal fees involved are many times more than what my dues are.

As suggested by you, I am surely going to write to Shri Rishad Premji, who I heard is a sensitive person. He is my last hope.

As you have waited almost two and a half years for the same, you need to start with a few steps.

Steps to Resolve Your Dues Issue

Firstly, mark an email to the concerned parties, including the Head of Department, CEO, and CFO, requesting clarification about the case. Even if you are asked to pay a month's salary, proceed with this step. Don't forget to attach your previously submitted resignation and the medical certificate issued to you when you were ill.

If you do not receive a written reply within 48 hours, escalate the matter to the Labour Office. Remember, your Provident Fund (P.F.) is your owned amount, and no individual has the right to prevent you from claiming it.

Best regards

I'll surely do it as advised by you. I got Shri. Rishad Premji's email ID today from a reliable source. I presume he is not at all aware of what's going on in the organization at the middle level. I hope his intervention will resolve my legitimate dues.

Best Regards,
Tanmoy