My ex-company filed a criminal 420 and breach of trust case against us. I was accused as A3 in 2011. The company did not agree to pay me anything until this case was resolved, and they have not relieved us either. In April 2013, the case was dismissed by court order. My reputation in the market is ruined, and no one is offering me a job due to integrity issues, even after the case was dismissed by the court. My question is:
1. Can we, or can I, file a defamation case against the company (it is an MNC)?
2. Can we, or can I, demand the entire 1.6 months' salary? How do I do that? What should be the first step?
3. I have tried to talk to the company. They said they would challenge the court order three months ago. Now, it has been eight months since my judgment. Can they still proceed?
4. If yes, what are the things that I can claim with the company?
5. I have not received the relieving letter to this day, nor do I have a salary or job in hand as of today.
I don't know how to overcome my life challenges now.
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From India, Mumbai
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1. Can we, or can I, file a defamation case against the company (it is an MNC)?
2. Can we, or can I, demand the entire 1.6 months' salary? How do I do that? What should be the first step?
3. I have tried to talk to the company. They said they would challenge the court order three months ago. Now, it has been eight months since my judgment. Can they still proceed?
4. If yes, what are the things that I can claim with the company?
5. I have not received the relieving letter to this day, nor do I have a salary or job in hand as of today.
I don't know how to overcome my life challenges now.
Attribution: https://www.citehr.com/member.php?u=...#ixzz2ncl72xSk
From India, Mumbai
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More detailed information should have been provided by you to let everyone understand the matter clearly. What were the specific charges, and when were your services terminated by the company? The company has filed a criminal case against you, but it is not clear if on that basis they have terminated your services. You have been acquitted of the charges. If the appeal is not filed within the stipulated time, there will be no further action. If you wish to get any relief on account of this, you may request the company to do so; failing which, you may consult a lawyer and file a civil suit for claiming damages and compensation.
Warm regards.
From India, Delhi
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1446Warm regards.
From India, Delhi
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There are no monetary charges quoted in the FIR or charge sheet. The charges are under IPC section 420 for breach of trust. On November 10, they told us to resign, and on December 25th, they filed the case without our knowledge. When we inquired with the Police Commissioner, they had already arrested others who were detained for 14 to 21 days. Upon our request, they paid us 2 months' salary, mentioning that due to the ongoing case, they couldn't pay any more.
Since then, we have been suffering greatly. In April 2013, the judgment was given, and we immediately approached HR for settlement, but they did not respond adequately. This month, they filed a petition challenging the court order. Please help us understand what steps we can take, and now that the case has reopened, can we claim damages, PF, Gratuity, etc.?
Please provide guidance as there are many things I cannot share.
Thank you.
From India, Mumbai
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Since then, we have been suffering greatly. In April 2013, the judgment was given, and we immediately approached HR for settlement, but they did not respond adequately. This month, they filed a petition challenging the court order. Please help us understand what steps we can take, and now that the case has reopened, can we claim damages, PF, Gratuity, etc.?
Please provide guidance as there are many things I cannot share.
Thank you.
From India, Mumbai
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If any employee is involved in any criminal offenses, the employer can suspend him immediately pending an inquiry after issuing a show cause or charge memo and calling for an explanation from the employee. If the criminal court convicts the accused, then only the employer can terminate the employee on that basis. If the employee is acquitted from the criminal case, then he is entitled to continue his service with all back wages.
Hence, you can raise the claim before the commissioner of labor as per the law and ask for reinstatement with full back wages. Alternatively, you can raise the claim before the concerned authorities to settle the statutory dues from the employer under relevant provisions of the Industrial Disputes Act or any other applicable law in your case.
Regards,
Jeeva
Advocate
From India, Chennai
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Hence, you can raise the claim before the commissioner of labor as per the law and ask for reinstatement with full back wages. Alternatively, you can raise the claim before the concerned authorities to settle the statutory dues from the employer under relevant provisions of the Industrial Disputes Act or any other applicable law in your case.
Regards,
Jeeva
Advocate
From India, Chennai
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Unfortunately, you may have to put up with the situation until the matter is finally decided by the Higher Courts and put to rest. During the pendency of the matter, the Company may continue its treatment as it has been doing now.
Meanwhile, you have the option of hiring a lawyer, apart from or in addition to the one who will represent you in the criminal case, who can file a civil suit against the Company. Your civil lawyer will also be able to help you in case there is a possibility of an "OUT-OF-THE-COURT" settlement!
If you are INNOCENT, then do not lose hope and keep fighting for justice.
Warm regards.
From India, Delhi
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Meanwhile, you have the option of hiring a lawyer, apart from or in addition to the one who will represent you in the criminal case, who can file a civil suit against the Company. Your civil lawyer will also be able to help you in case there is a possibility of an "OUT-OF-THE-COURT" settlement!
If you are INNOCENT, then do not lose hope and keep fighting for justice.
Warm regards.
From India, Delhi
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Please don't feel bad about some questions.
1. They (meaning only the company auditor) conducted some inquiries along with other accused parties.
2. They did not provide any termination letter, and I have not signed any document of that nature.
3. They asked me to write a resignation letter, which I did, with HR, the Operations Director, and the auditor.
4. After a couple of weeks, they lodged a complaint, and no updates were received from anyone. They directly issued an arrest warrant and started pursuing us. Two others went to check why and who, and then they were taken into custody and detained for 21 days.
My latest update is that I have spoken to my HR Head in India, and he directed me to their legal team. He confirmed that he challenged the court order, and this was done after 7 months (this month they reopened the case).
During this reopened period, can I demand a salary along with the amount before the judgment? Can they stop my PF and gratuity during this period? The company will pay my PF until now.
If I can claim, how should I do so until my last physically working day or until today (since they did not issue any relieving letter or provide any communication regarding my relieving status)?
Please suggest.
From India, Mumbai
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1. They (meaning only the company auditor) conducted some inquiries along with other accused parties.
2. They did not provide any termination letter, and I have not signed any document of that nature.
3. They asked me to write a resignation letter, which I did, with HR, the Operations Director, and the auditor.
4. After a couple of weeks, they lodged a complaint, and no updates were received from anyone. They directly issued an arrest warrant and started pursuing us. Two others went to check why and who, and then they were taken into custody and detained for 21 days.
My latest update is that I have spoken to my HR Head in India, and he directed me to their legal team. He confirmed that he challenged the court order, and this was done after 7 months (this month they reopened the case).
During this reopened period, can I demand a salary along with the amount before the judgment? Can they stop my PF and gratuity during this period? The company will pay my PF until now.
If I can claim, how should I do so until my last physically working day or until today (since they did not issue any relieving letter or provide any communication regarding my relieving status)?
Please suggest.
From India, Mumbai
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Please don't feel bad about some questions.
1. They (meaning only the company auditor) conducted some inquiries along with other accused.
2. They did not give any termination letter, and I have not signed any document like that.
3. They asked me to write the resignation letter, and I have done so with HR, the OPDir, and the auditor.
4. After a couple of weeks, they lodged the complaint. No updates were received from anyone, and a direct arrest warrant was issued, and they started chasing us. Two others went to check why and who, and then they were taken into custody and detained for 21 days.
My Latest Update:
I have spoken to my HR Head in India, and he directed me to their legal team. He confirmed that he challenged the court order, and the same has been done after 7 months (this month they reopened the case).
During this reopened period, can I demand my salary along with the amount before the judgment? Can they stop my PF and gratuity during this period? The company will pay my PF until now.
If I can claim, how should I do so until my last physically working day or until today (since they did not provide any relieving letter or I have not received any relieving letter)?
Please suggest.
Attribution: https://www.citehr.com/479040-crimin...#ixzz2npZKLfyW
From India, Mumbai
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1. They (meaning only the company auditor) conducted some inquiries along with other accused.
2. They did not give any termination letter, and I have not signed any document like that.
3. They asked me to write the resignation letter, and I have done so with HR, the OPDir, and the auditor.
4. After a couple of weeks, they lodged the complaint. No updates were received from anyone, and a direct arrest warrant was issued, and they started chasing us. Two others went to check why and who, and then they were taken into custody and detained for 21 days.
My Latest Update:
I have spoken to my HR Head in India, and he directed me to their legal team. He confirmed that he challenged the court order, and the same has been done after 7 months (this month they reopened the case).
During this reopened period, can I demand my salary along with the amount before the judgment? Can they stop my PF and gratuity during this period? The company will pay my PF until now.
If I can claim, how should I do so until my last physically working day or until today (since they did not provide any relieving letter or I have not received any relieving letter)?
Please suggest.
Attribution: https://www.citehr.com/479040-crimin...#ixzz2npZKLfyW
From India, Mumbai
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It is quite sad to know the state of affairs you are suffering through. Many learned followers have rightly suggested that you seek the help of a competent lawyer who will take care of your case in higher courts and also give a legal notice to your company to settle your legitimate dues or even to re-appoint you until you are proven guilty because you have been acquitted by the lower court.
Secondly, do not hurry in claiming your post-retirement/terminal dues. In such a condition, you yourself will help the company management declare you as an ex-employee.
On the other hand, if they have issued you a termination letter, you have ceased to be their employee, and in this case, you can claim your post-terminal dues as per the law.
If the termination has been made based on an allegation only without a departmental inquiry, the termination is illegal, and you can file a suit against it before the appropriate court or request such direction in your affidavit against the appeal made by the employer in higher court(s). The legality of the same will be taken care of by the learned counsel whom you wish to hire.
Best wishes.
AK Jain
From India, New+Delhi
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Secondly, do not hurry in claiming your post-retirement/terminal dues. In such a condition, you yourself will help the company management declare you as an ex-employee.
On the other hand, if they have issued you a termination letter, you have ceased to be their employee, and in this case, you can claim your post-terminal dues as per the law.
If the termination has been made based on an allegation only without a departmental inquiry, the termination is illegal, and you can file a suit against it before the appropriate court or request such direction in your affidavit against the appeal made by the employer in higher court(s). The legality of the same will be taken care of by the learned counsel whom you wish to hire.
Best wishes.
AK Jain
From India, New+Delhi
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Thank you very much to all.
PF Application and Trust Form
1. Now, I have applied for PF, and they are asking us to issue a PF trust form. Is there any issue if I claim the PF? I need the money very badly as I cannot lead my daily life.
Court Case and Compensation
2. The first police station took the case, and it was driven by PP with the company letter in the 3rd Metropolitan Court (case got acquitted). Now, the company itself has applied in the next court, the District Court. Are we eligible to claim all the due court case period dues such as salary, PF, other settlements, and lawyer fees until this case gets over in all the courts? While the case is running in the District Court, can we claim livelihood? What are the processes for the same, and how do we proceed with that?
Currently, I don't have any job, and none of the companies are issuing offer letters due to the court case. How do I lead my life?
Regards.
From India, Mumbai
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PF Application and Trust Form
1. Now, I have applied for PF, and they are asking us to issue a PF trust form. Is there any issue if I claim the PF? I need the money very badly as I cannot lead my daily life.
Court Case and Compensation
2. The first police station took the case, and it was driven by PP with the company letter in the 3rd Metropolitan Court (case got acquitted). Now, the company itself has applied in the next court, the District Court. Are we eligible to claim all the due court case period dues such as salary, PF, other settlements, and lawyer fees until this case gets over in all the courts? While the case is running in the District Court, can we claim livelihood? What are the processes for the same, and how do we proceed with that?
Currently, I don't have any job, and none of the companies are issuing offer letters due to the court case. How do I lead my life?
Regards.
From India, Mumbai
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I can only answer a few questions; for the rest, you have to discuss with your lawyer, as already advised earlier. Withdrawing your PF accumulation would not be a prudent move, as it will reinforce the fact that you also consider yourself an ex-employee and that you are satisfied with this status. Since your claim is for continuation of service or re-hire, you should let the PF amount remain as it is.
Secondly, your claim for some livelihood or subsistence allowance is not tenable as, in the company's records, your services have been terminated. The ultimate hope for you lies in the judgment of higher courts. Engage a good lawyer and hope for the best.
Warm regards.
From India, Delhi
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Secondly, your claim for some livelihood or subsistence allowance is not tenable as, in the company's records, your services have been terminated. The ultimate hope for you lies in the judgment of higher courts. Engage a good lawyer and hope for the best.
Warm regards.
From India, Delhi
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Legal Clarification on Termination for Criminal Case & PF Contribution Reduction.pdf
Part I Employee Action Analyse.doc