Legal Question in Employment Law in India

I was appointed by word(no offer letter given) as a Sales staff in a Visa franchisee of a leading airlines company in Calicut, Kerala in April 2012. Later i was transferred to Trivandrum, Kerala. The lady staff doing admin job resigned after 3months and i was solely managing all the works in Trivandrum branch. My responsibility was to process the visas given by travel agencies and other individuals, to take DDs for customers who submits the visa fee in money. I wasn't given any training from the company. I was struggling there with work from morning 9.30 to night 9-10pm, many times skipping my food due to the work load. In 2013 Febraury another staff was appointed to sales and i was managing the work by clearing my doubts calling to the Cochin and Calicut offices. Some time after mid year, Trivandrum was asked for clarification regarding some missing DDs. There is no account staff in our branch, nor are we trained in maintaining accounts. Also the franchaisee has no defenite policy in keeping accounts. When the Bombay head office asked clarification regarding DDs that was given 3montha ago, we do not have any records to check and find out. More over the DDs from Trivandrum branch are sent to Ernakulam branch and they in turn deposits the money. Even the Ernakulam branch does not keep any record of these transactions. So we are clueless regarding the missing DDs. Now the owner of the franchaisee is planning to file a case just against me regarding the missing DDs. Will it make a valid case for there are more parties of interest as i was not managing the branch alone and the Ernakulam branch staff who might also be equally responsible for the missing? It seems to me like this is a personal vengence since i alone was deprived of my two months salary and now i am not working there salaryless. Please give me some expert opinion in this matter urgently.


Asked on 3/03/14, 4:30 am

2 Answers from Attorneys
anuradha Dixit +9312411481 dixitlawfirm

you can continur to demand the salary but there has been the deriliction of duty as D/D have been handled casually and lost. Blame has to be pinned on the guilty. You can prepare your defence for the inquiry. or if they file a case be ready with your defence.

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Answered on 3/03/14, 7:36 am
Fca Prashant Chavan Expert Edge LLP

03.03.2014

You joined the airline in Visa Sales-Calicut in April, 2012 and were managing all the work of the Thiruvanantapuram Branch. Being in charge, it was your basic duty to record all the DD's received by you in a proper Register in Excel or in the on-line tracking system provided to you. Presuming you quit two months back, you still earned and received monthly salary for the period April, 2012 till December, 2013 and hence you are accountable to the franchisee, and you need to justify the work done by you during the tenure for which you received salary. Whether all others working in the Branch are or are not responsible along with you remains to be determined, the onus of proving that they too should be questioned for the lapse lies on you. So you should prepare a Report of tasks handled and executed by you.

Regards,

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Answered on 3/03/14, 7:41 am


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