Legal Question in Employment Law in India

Hi

My case is regarding a job, offered by a reputed MNC in Bangalore but failed to give me the job even after giving me the employee ID and later accused me of absconding from work.

I appeared for the interview on 29th Aug 2009.

On 9th Sept they mailed me asking to scan my documents and send it across.

On 10th Sept I scanned and mailed all the required documents.

On Sept 24th I got a mail confirming the appointment. I also got a call from the HR who said that I have cleared the background verification and that the company is rolling out the offer to me.

On 6th Oct - I got a mail asking for the postal address to send the hard copy of the offer letter. Accordingly I emailed my postal add and in about 3-4 days time I got the hardcopy of the offer letter.

On 6th Oct again I got a mail asking to verify one of my previous employers� address. I spoke to the concern person from the company and he asked me to mail whatever I spoke to him about my previous employer. (My previous employer's add mismatched as the company relocated and I didn�t have the new add and the same explanation was mailed to them).

On 4th Oct I got a mail confirming my joining date as 30th Oct. Accordingly I resigned from my then job.

When I went to join the company on 30th Oct 2009, they said that my name doesn�t appear in the new joiners list. I spoke to the coordinating HR, and she said that I have not cleared the background verification. Interestingly, she was the same person who confirmed to me that I have cleared all the verification and that I am offered this job.

I was asked to go home and wait for further communication. I also spoke to the consultant who sent me for the interview to the company, and even he had nothing to say. He asked me to wait and told me that the company is reinitiating the background verification and this would take another 40-45 days.

On 24th Nov I got a mail asking me to scan and submit few documents. By mid Dec, The consultant said that I should get a joining date before Christmas. When this didn�t happen, I started looking for a job after Christmas and got a job to join on 11th Jan 2010. At the same time on 7th Jan 2010, I heard from the company as well, asking me to join on 11th Jan. They also sent me an offer letter mentioning 11th Jan as the joining date. I chose to join them since the offer was better than the latter. When I went to join them on 11th Jan, I just got the employee id and I was asked to come on 13th for the details about the office, the dept to join and the reporting manager's name. (This company has many offices in Bangalore and on the very first day every new employee needs to go to one particular office to collect info about their respective depts., the office location etc to join).

On 13th Jan, I was not given any information instead I was asked to come on 18th Jan for the same details. On 18th, to my shock the lady informed that their record shows that I have quit the company. Once again I called the same Coordinating HR to check what was going on. She also had no idea and asked me to go home. I waited for about a week and tried finding a job again as they didn�t get back to me as promised.

I finally managed to find a job in a reputed company and joined on 10th march 2010. On the same day a mail was sent to me stating that I have been absconding from work since 11 Jan 2010 to which I sent a reply on 13th Mar 2010 explaining what has happened.

I received exactly the same mail once again on 19th March and realized that my explanation fell on deaf ears.

Following this I received few more mails informing that they have received my resignation letter and that I can come for the full and final settlement. The last mail that I received asked me to pay a certain amount so that I can get my relieving letter since as per their record I have been absent from work.

Subsequently letters were sent to my native where my parents live.

I decided to send a legal notice asking for an explanation within a month�s time to which they replied after almost two months and said that they can wipe my data from their database so that I won�t have any issues getting a job at their company in the future. I refused to settle down with this offer and told them that I will file a case which I did at my native (Assam). Later I realized that disputes with this company falls under the Bangalore jurisdiction. They offered an �out of court settlement �and we had a discussion on the matter at one of the Bangalore branches where they initially offered my 2.25L and then 4L. I however disagreed to the amount. Further I realized that the company doesn�t even know what exactly happened with me and at one point they said that I have received salary from the company.

Note: I have not received any money, neither in the form of salary or incentive from the company.

I have:

Both the hardcopies of the offer letters that has the joining dates as 30th Oct 2009 and 11th Jan 2010.

I have the employee id given to me.

The access card requisition form that I was supposed to submit at the office I was supposed to report.

I have all the mails or letters addressed to me.

What has happened:

I had resigned from my previous job because they promised a job, and then made me wait for months

They have also sent mails home where my parents live and that created panic among them.

I had to send my mother home without completing her treatment as I was jobless.

Staying in Bangalore in a rented house and being jobless is not easy to survive.

I need:

Advise on if I am on the right track

What should be my next course of action

What compensation amount should I expect or file for

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