Sarin Mall
Asked September 22, 2016

Legal action against forceful resignation

  • 1 Answer
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Hello, My company(Top indian software MNC) has forcefully made me submit my resignation without any strong reasons and they even didn't allow me to serve my notice period. My notice period would have ended in november end after which i was supposed to get my post graduation degree from bits pilani. But now after my termination, i will not even get my degree for which i have worked hardly for last 4 years and my performance has been excellent. They have terminated me saying that my claims(for transfer) are fake and i have submitted false documents. I added my transfer expenses(auto,travel) in rent and claimed total amount as rent from company which they found as false after inquiry with owner. When i realized that this may cause an issue, i cancelled my claim on my own before they initiate further actions. But one day suddenly they called me and asked me to leave submit my resignation even when i have cancelled my claim. I am not seeking re-employment from company. What legal actions can i take to force company to let me work till my notice period(November 2016) after which i will get my post graduation degree for which i have worked hardly for last 4 years? Regards, Sarin

Answer 1

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Saurabh Kumar

As seen in a recent case, IT employees are workmen under the Industrial Disputes Act[1].

 

As a result, you are allowed compensation for wrongful termination under Sections 9 A and 25 of the Industrial Disputes Act. Thus, it is advised that you can file an affidavit in a labour court with the help of a lawyer.

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Since the company may try and dismiss your claims, by citing that you had “cheated”/ “deceived” the company with false claims, you are advised to cite that under Section 417 of the IPC, cheating would require actual transfer of property , in this case money, from the company to you, since you had changed your stance and not claimed money anymore.

 

[1] Rekha V TCS, Madras High Court

Agree Comment 0 Agrees about 4 years ago

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