Legal Question in Employment Law in India

This is the demand notice I sent to the HR manager with all the explainations.

but still company is denying to relieve from the company.

Please Help me, how can I proceed further in this case??

1. That you appointed me as Software Trainee on 20th FEB, 2012

2. That you have also mentioned the deduction of 40% of the Salary, (20% depends on self-performance and 20% depends on organizational growth) and By you flatly not paid the same to me.

3. That on 2nd Nov, 2012 at about 6.30PM, I was on my duty and was under your employment, control and in the service.

4. That since the date 3rd Nov, 2012 on an immediate emergency, I remained at home for the treatment of my sister in hospital, I have notified that I am on leave through SMS to Mr. Keshav (CEO) on his mobile 974********5 at 10:56AM.

(Before to that I have tried contacting Mrs. Khushi, HR Manager to request the leave but she was not reachable i.e. both of her mobile numbers, 77**********3 and 88********1 were found switched off)

Note: Mr. Keshv is the CEO and he is not the concerned person to deal with the HR related issues like leave etc.The concerned person is HR Manager. But Mrs. Khushi, HR Manager was not available over phone. But still it was my duty to inform the concerned person of the company. So I informed him. And SMS is the most convenient way to inform then email in an emergency. In an emergency if there is no internet availability and not able to reach you over the phone, I notified through SMS. Even when email is also is a way of notification, not the approval of leave.

5. That on 5th Nov, 2012 you did not pay the salary w.e.f. 5th Nov to me without any reason or cause. But I received a mail mentioning that the salary has been deposited for the month October, 2012. And the salary has not been deposited to my account at all.

Note: If there is a clause on the salary of a terminated employee, then why the mail has been sent the salary has been credited to your account?

6. That on 5th Nov, 2012 I have updated the company resourcer site saying �Sister is seriously ill, so I am on emergency leave�. (Before to that I have tried contacting Mrs. Khushi, HR Manager to request the leave but she was not reachable i.e. both of her mobile numbers, 77*******63 and 88******051 were found switched off) Note: What about the updates of emergency leave applied by me in the company resourcer site? (This the internal system of the company). The leave updated in the resourcer has not been considered by you. Anyway the company was informed. If the company wanted the clarification for the emergency, then you should have asked me to provide the proof of emergency for verification. After verification, you should have proceeded further. Instead without knowing the criticality of situation, the company can�t take it�s own decision even when it has been informed.

7. That on 6th Nov, 2012 when I was on emergency leave, the company has cancelled my employment and removed employment detailed history as well as the access from the company database without any prior notification. Note: There is a clause in the terms of employment that I have signed saying �the employee has to serve the notice period of one month�. But there is no clause in the terms of employment I have signed that if the employee is on emergency leave during notice period, the employer can consider on his sole discretion that �The employee is

absconding� without prior notification to employee. Even when the employer has been notified and requested for emergency leave in the internal system of the company. Note: This could be considered legally exceptional as there is no clause for emergency leave during the notice period in the employment terms of agreement signed by me and you should have proceeded further according to the labour laws or employment laws.

8. That on 28th Nov,2012 I mailed Mrs. Khushi to regarding the relieving process 9. That on 30th Nov,2012 She replied and She denied to make the relieving process saying the reason that �I am absconding from the company�. 10. That on 2nd Dec, 2012 I mailed Mrs. Khushi with all the clarification and That on 3rd DEC, 2012 when I came to the company for my relieving formalities but intentionally and knowingly refused to relieve me formally without disclosing any fault on behalf of me and turned me out. And no concerned person of the company either Mr. Keshav, CEO or Mrs. Khushi, HR Manager met me when I went office to meet them many times, till the date. 11. I have notified concerned authority of the company that I was on leave.

So In this scenario, the company had a chance;

i. If the company wanted, you should have approved my leave with loss of pay and proceeded further with normal relieving process.

ii. If the company not willing me to provide the leave, then you should have notified me that the leave request has been rejected and need to report to the work immediately.

Otherwise; As per the employment laws, you should have sent three official notices to me. starting from the second day of the disappearance and send every subsequent notice after every three days. If there is no response from my side then only you can proceed further strike-off my name from your payroll.

Note: I did not get any official notices from your side before you strike-off my name from your payroll.

But you did not do either of these things according to the procedure of employment.

Instead, When I was on emergency leave, the company has not been notified me anything in any way, without my knowledge you have cancelled my employment as well as access from the company database. There is no point of absconding as the leave has been applied and notified as well. The allegation of absconding made by the company are false to my knowledge as the company has failed to provide proper reason behind considering me as absconding and there is no proof that the company tried to contact me in any way and even they did not notify me before they cancel my employment and access from the company database.

12. Even when I asked the company to give the proof of contacting me or notifying me before the cancellation of my employment and removal of access to the company. But The Company has failed to prove that I am absconding. There is no supporting reason behind your allegation.

13. That termination of my services in this manner is quite illegal, against the principles of natural justice, misuse of managerial powers and illegal termination in a forcible manner and against the Labour laws.

NOTE: The Proof of Call details, Where I had notified to Mr. Keshav on his mobile number 9*********5 on 3rd Nov, 2012 at 10:56AM has been attached, as well as there is no proof that the company had tried to contact me during the period 3rd Nov, 2012 to 3rd Dec, 2012.

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