Anonymous
Dear Sir,

Greetings,

need expert advice on my case. My services were suspended by my employer after 8 years of service in June 22 using fake bribery case by some jealous individuals in the organization. Under the influence of these individuals and out of office politics to jeopardize my flourishing career, HR filed a FIR also under section 420 and 408 against me.

Subsequently in Sept 22, my employer issued me an internal charge sheet while making fake allegations of wilful misconduct, bribery, malpractices and illegal activities causing financial losses to company. This charge sheet and fake allegations were duly replied by me in the internal enquiry. None of alleged transactions were shown to me so as to prove my point. And out of biased mind and without giving me a fair chance, my employer terminated my services in Oct 22. They also also made allegations of data theft under data protection and confidentiality policy which were denied
by me as the same was factually incorrect.

In the course of investigation by Police till now , nothing came out and apparently they are in process of closure of FIR.

Now the employer has issued me show cause notice for forfeiture of my Gratuity under payment of Gratuity act and this notice is duly replied by me with facts.

Now the employer is not issuing me my relieving letter and also not release my F&F settlement incl gratuity despite my several emails and verbal discussions with HR. My query is whether under these circumstances, can the employer hold my relieving letter and also my dues. What legal remedies are available to me as i m financially broke and can't get a job due to these allegations / FIR and also non availability of relieving letter / experience certificate. Kindly advise.

From India, Delhi
rkn61
624

Please try to collect a copy of Police report, once the police investigation is over.

If the charges levelled against you are not proved, you can very well apply for Gratuity &
other dues from your company, by making an application, alongwith copy of Report from Police.

From India, Aizawl
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