Hello all, I joined WIPRO BPO (Kolkata) on 2nd jan 2009, was terminated on 7th Nov 2009 inspite of sending my resignation by E-mail as well as as by courier as desired by the HR (TED) Ms Aprajita Byas / Ms Rituparna Ghosh, Manager HR (TED)
I was suffering from Jaundice so could not attain office. I was asked to resign, which I did. It was not possible at that time to physically go to their office and resign due to ill health so I sent my resignation by E-mail as well as by courier.. None of these were acknowledged and I was declared absconding and terminated from service.
My Appointment letter as well as Termination letter (issued by their Bangalore, legal cell) clearly states that my full and final settlement will be cleared in due course.
Its been more then two and half years but my dues are not being settled by the Manager HR (TED) Ms Rituparna Ghosh. I have met her at office after lot of difficulties but she says I have to pay one months notice period salary even after being terminated to get my PF and last salary. (I have all correspondence by E-mail saved.)
Such term of service is no where mentioned in my appointment letter or termination letter or as per an labour law of the land.
I was asked to meet her in person on 21 Jan 2011 for a discussion, which I did. But she is is adamant and said my PF withdrawal form will not be forwarded to PF commissioners office unless I pay one months notice period even after being terminated. She said this is according to M/s WIPRO's HR policies.
Such terms of service was not mentioned anywhere in my appointment letter / termination letter. The termination letter was issued by their Bangalore office, having phone number + 91 (80) 41352000 (Legal Cell) I have tried calling this number many times but could never reach the right person concerned.
Can any lawyer or individual help me in getting my legitimate dues? the F&F settlement is about Rs. 8000 INR (PF) and about 3,500 INR (last salary due). Its 3500 as I worked for about 7 days due to ill health in the last month.
Please let me know the legal fees involved. The F&F amount is around 8,000 Rs (PF) and 3,500 Rs. (last salary).
I know other employees who are facing same condition even after working for 4+ yrs. This BPO does not settles F&F dues easily.
Is their any lawyer in Kolkata who can take up the case for a reasonable legal fees ? I am ready to part half of my F&F final settlement as legal fees. I know another person who worked for 4 yrs + who is not getting release letter from WIPRO BPO Kolkata even after resignation letter being accepted.
Anyone ready to help please contact t_banerjee at hotmail dot com
Thanks and Regards,
Tanmoy Banerjee.
From India, Calcutta
1I was suffering from Jaundice so could not attain office. I was asked to resign, which I did. It was not possible at that time to physically go to their office and resign due to ill health so I sent my resignation by E-mail as well as by courier.. None of these were acknowledged and I was declared absconding and terminated from service.
My Appointment letter as well as Termination letter (issued by their Bangalore, legal cell) clearly states that my full and final settlement will be cleared in due course.
Its been more then two and half years but my dues are not being settled by the Manager HR (TED) Ms Rituparna Ghosh. I have met her at office after lot of difficulties but she says I have to pay one months notice period salary even after being terminated to get my PF and last salary. (I have all correspondence by E-mail saved.)
Such term of service is no where mentioned in my appointment letter or termination letter or as per an labour law of the land.
I was asked to meet her in person on 21 Jan 2011 for a discussion, which I did. But she is is adamant and said my PF withdrawal form will not be forwarded to PF commissioners office unless I pay one months notice period even after being terminated. She said this is according to M/s WIPRO's HR policies.
Such terms of service was not mentioned anywhere in my appointment letter / termination letter. The termination letter was issued by their Bangalore office, having phone number + 91 (80) 41352000 (Legal Cell) I have tried calling this number many times but could never reach the right person concerned.
Can any lawyer or individual help me in getting my legitimate dues? the F&F settlement is about Rs. 8000 INR (PF) and about 3,500 INR (last salary due). Its 3500 as I worked for about 7 days due to ill health in the last month.
Please let me know the legal fees involved. The F&F amount is around 8,000 Rs (PF) and 3,500 Rs. (last salary).
I know other employees who are facing same condition even after working for 4+ yrs. This BPO does not settles F&F dues easily.
Is their any lawyer in Kolkata who can take up the case for a reasonable legal fees ? I am ready to part half of my F&F final settlement as legal fees. I know another person who worked for 4 yrs + who is not getting release letter from WIPRO BPO Kolkata even after resignation letter being accepted.
Anyone ready to help please contact t_banerjee at hotmail dot com
Thanks and Regards,
Tanmoy Banerjee.
From India, Calcutta
Hello all, I joined WIPRO BPO (Kolkata) on 2nd jan 2009, was terminated on 7th Nov 2009 inspire of sending my resignation by E-mail as well as as by courier as desired by the HR (TED) Ms Aprajita Byas / Ms Rituparna Ghosh, Manager HR (TED) I was suffering from Jaundice so could not attain office. I was asked to resign, which I did. It was not possible at that time to physically go to their office and resign due to ill health so I sent my resignation by E-mail as well as by courier.. None of these were acknowledged and I was declared absconding and terminated from service. My Appointment letter as well as Termination letter (issued by their Bangalore, legal cell) clearly states that my full and final settlement will be cleared in due course. Its been more then two and half years but my dues are not being settled by the Manager HR (TED) Ms Rituparna Ghosh. I have met her at office after lot of difficulties but she says I have to pay one months notice period salary even after being terminated to get my PF and last salary. (I have all correspondence by E-mail saved.) Such term of service is no where mentioned in my appointment letter or termination letter or as per an labour law of the land. I was asked to meet her in person on 21 Jan 2011 for a discussion, which I did. But she is is adamant and said my PF withdrawal form will not be forwarded to PF commissioners office unless I pay one months notice period even after being terminated. She said this is according to M/s WIPRO's HR policies. Such terms of service was not mentioned anywhere in my appointment letter / termination letter. The termination letter was issued by their Bangalore office, having phone number + 91 (80) 41352000 (Legal Cell) I have tried calling this number many times but could never reach the right person concerned. Can any lawyer or individual help me in getting my legitimate dues? the F&F settlement is about Rs. 8000 INR (PF) and about 3,500 INR (last salary due). Its 3500 as I worked for about 7 days due to ill health in the last month. Please let me know the legal fees involved. The F&F amount is around 8,000 Rs (PF) and 3,500 Rs. (last salary). I know other employees who are facing same condition even after working for 4+ yrs. This BPO does not settles F&F dues easily. Is their any lawyer in Kolkata who can take up the case for a reasonable legal fees ? I am ready to part half of my F&F final settlement as legal fees. I know another person who worked for 4 yrs + who is not getting release letter from WIPRO BPO Kolkata even after resignation letter being accepted. Anyone ready to help please contact t_banerjee at hotm ail do t co m
Thanks and Regards, Tanmoy Banerjee.
From India, Calcutta
Thanks and Regards, Tanmoy Banerjee.
From India, Calcutta
Hello all, I joined WIPRO BPO (Kolkata) on 2nd jan 2009, was terminated on 7th Nov 2009 inspire of sending my resignation by E-mail as well as as by courier as desired by the HR (TED) Ms Aprajita Byas / Ms Rituparna Ghosh, Manager HR (TED) I was suffering from Jaundice so could not attain office. I was asked to resign, which I did. It was not possible at that time to physically go to their office and resign due to ill health so I sent my resignation by E-mail as well as by courier.. None of these were acknowledged and I was declared absconding and terminated from service. My Appointment letter as well as Termination letter (issued by their Bangalore, legal cell) clearly states that my full and final settlement will be cleared in due course. Its been more then two and half years but my dues are not being settled by the Manager HR (TED) Ms Rituparna Ghosh. I have met her at office after lot of difficulties but she says I have to pay one months notice period salary even after being terminated to get my PF and last salary. (I have all correspondence by E-mail saved.) Such term of service is no where mentioned in my appointment letter or termination letter or as per an labour law of the land. I was asked to meet her in person on 21 Jan 2011 for a discussion, which I did. But she is is adamant and said my PF withdrawal form will not be forwarded to PF commissioners office unless I pay one months notice period even after being terminated. She said this is according to M/s WIPRO's HR policies. Such terms of service was not mentioned anywhere in my appointment letter / termination letter. The termination letter was issued by their Bangalore office, having phone number + 91 (80) 41352000 (Legal Cell) I have tried calling this number many times but could never reach the right person concerned. Can any lawyer or individual help me in getting my legitimate dues? the F&F settlement is about Rs. 8000 INR (PF) and about 3,500 INR (last salary due). Its 3500 as I worked for about 7 days due to ill health in the last month. Please let me know the legal fees involved. The F&F amount is around 8,000 Rs (PF) and 3,500 Rs. (last salary). I know other employees who are facing same condition even after working for 4+ yrs. This BPO does not settles F&F dues easily. Is their any lawyer in Kolkata who can take up the case for a reasonable legal fees ? I am ready to part half of my F&F final settlement as legal fees. I know another person who worked for 4 yrs + who is not getting release letter from WIPRO BPO Kolkata even after resignation letter being accepted. Anyone ready to help please contact t_banerjee at hotm ail do t co m
Thanks and Regards, Tanmoy Banerjee .
From India, Calcutta
Thanks and Regards, Tanmoy Banerjee .
From India, Calcutta
Dear Tanmoy,
Don't approach directly to lawyer. As of now you approach Labour Officer (LO) of your area. Explain him your case. He may call both the parties. If you satisfy with the verdict of the LO well and good. If not then you approach some lawyer who handles labour cases.
I recommend this option because at times labour courts have dismissed the case on technical ground - that the aggrieved party did not approach Labour Office to redress the grievance. Sometimes courts have handled the cases directly and have given verdicts in favour of labour too.
If whatever you have mentioned is taken at its face value then there is a merit in your case. Since no domestic enquiry was conducted, your termination can be treated null and void. However, only labour court can decide this. But there is catch too. In India court cases move at snail's pace and it may take a decade or even more to settle your case!
As far as your PF is concerned, you better get it transferred. All that is required is to submit transfer form to your present HR department. You need to quote the PF No of your old employment. If you transfer the PF then your old employer will not come in picture at all. As such you have worked barely for 10 months. So contribution amount is quite less. So why to fight on this ground?
Since this is legal matter, other senior members like Rajan Associates, RN Khola, Saiseven, Tajsateesh, Vasant Nair etc may give their opinions too.
Ok...
DVD
From India, Bangalore
Don't approach directly to lawyer. As of now you approach Labour Officer (LO) of your area. Explain him your case. He may call both the parties. If you satisfy with the verdict of the LO well and good. If not then you approach some lawyer who handles labour cases.
I recommend this option because at times labour courts have dismissed the case on technical ground - that the aggrieved party did not approach Labour Office to redress the grievance. Sometimes courts have handled the cases directly and have given verdicts in favour of labour too.
If whatever you have mentioned is taken at its face value then there is a merit in your case. Since no domestic enquiry was conducted, your termination can be treated null and void. However, only labour court can decide this. But there is catch too. In India court cases move at snail's pace and it may take a decade or even more to settle your case!
As far as your PF is concerned, you better get it transferred. All that is required is to submit transfer form to your present HR department. You need to quote the PF No of your old employment. If you transfer the PF then your old employer will not come in picture at all. As such you have worked barely for 10 months. So contribution amount is quite less. So why to fight on this ground?
Since this is legal matter, other senior members like Rajan Associates, RN Khola, Saiseven, Tajsateesh, Vasant Nair etc may give their opinions too.
Ok...
DVD
From India, Bangalore
Dear Dinesh,
Thanks for your advice. I'm working on my own (Server work) ever since I was terminated. So my PF can not be transfered anywhere. The Company's PF is registered at Nehru Place, New Delhi. Its very difficult to follow up as I'm located at Kolkata.
I've complained online to EPFO about an year back but yet to hear from them. So only option is to withdraw it by form 10c and 19. I'm aware this will take ages too.
I've also complained to the PF commissioner and hope some action will be taken against these high headed Cos.
I'll escalate this case to the highest level, come what may... hope there is some law n order in this country...
Cheers...
From India, Calcutta
Thanks for your advice. I'm working on my own (Server work) ever since I was terminated. So my PF can not be transfered anywhere. The Company's PF is registered at Nehru Place, New Delhi. Its very difficult to follow up as I'm located at Kolkata.
I've complained online to EPFO about an year back but yet to hear from them. So only option is to withdraw it by form 10c and 19. I'm aware this will take ages too.
I've also complained to the PF commissioner and hope some action will be taken against these high headed Cos.
I'll escalate this case to the highest level, come what may... hope there is some law n order in this country...
Cheers...
From India, Calcutta
Dear Tanoy,
Please send a legal notice directed to the following people
1.CEO
2.CFO
3.Director
4.In name of Company.
Things will fall in place after the letter is recieved by them.
The letter should clearly mention that the legal action will be taken under both Contract act and also under IPC for cheating and fraud.
Regards
Octavious
From India, Mumbai
Please send a legal notice directed to the following people
1.CEO
2.CFO
3.Director
4.In name of Company.
Things will fall in place after the letter is recieved by them.
The letter should clearly mention that the legal action will be taken under both Contract act and also under IPC for cheating and fraud.
Regards
Octavious
From India, Mumbai
Dear Tanmay, Mr. Divekar has rightly suggested the approach you can take. However, why is the HR demanding a pay of 1 month. You have your med papers ready. Those will be useful. I know what great souls some of those HR people are and the kind of silly mistakes they make. Chances are they sat on your letter or simply shoved it in one of their drawers till you were declared absconding. Let the Doc who treated you testify in the court of law and the HR manager /s who are involved should also vouch that they are 100% sure that you were absconding. First approach the labour officer and then a lawyer. Have your PF transferred. I of course would like to believe that you are young and you are not quite like the other oh-so-sensitive Bengali boys who can't take the stress of a BPO lifestyle. I will be happy to be wrong. :)
Take care and give a good fight if you are on the right side of the law. BTW pls don't take the CEO and others to court, you will be the biggest fool on earth while doing that. :) :)
Cheers!
Saurav Das
From India, Mumbai
Take care and give a good fight if you are on the right side of the law. BTW pls don't take the CEO and others to court, you will be the biggest fool on earth while doing that. :) :)
Cheers!
Saurav Das
From India, Mumbai
I am amused to read Mr. Saurav Kumar Das`s comments about sensitive Bengali boys not being able to take the stress of B.P.O.life.It is an assumption without basis. Stereotyping without any logic is not expected from someone running a training organisation.
From India, Calcutta
From India, Calcutta
Hi All,
This is a unique example of mess which made by the HR people. I am sure that Ajim Premaji must not be expecting such viloation of law of the land and natural justice. No copmany can hold the PF in any case. Even court also can not order the attachment of PF and gratuity.
My suggestion would be to write PF Commisioner and even directly to Ajim Premji office to teach the lesson to so called adamand lady in HR.
Regards,
From India, Pune
This is a unique example of mess which made by the HR people. I am sure that Ajim Premaji must not be expecting such viloation of law of the land and natural justice. No copmany can hold the PF in any case. Even court also can not order the attachment of PF and gratuity.
My suggestion would be to write PF Commisioner and even directly to Ajim Premji office to teach the lesson to so called adamand lady in HR.
Regards,
From India, Pune
Dear Saurav Das,
Please suggest a practical solution. I have all E-mail correspondence as well as read receipt of E-mail which is the most important proof. Do you think any doctor will go to court ? Being a director of a firm, hope you know that a doctor's prescription / medical certificate is a legal document.
Your name suggests you are a bengali guy too... how long can you sit in front of a CRT monitor (NOT LED / LCD) without a break? Being in the profession of data recovery from crashed hard disk I spend at times 15 hours in front of a CRT monitor. My vision exceeds 6/6.
Anyway I'm a bong, traveled all over North India. Was in and around Delhi for years, born in the coal belt of Dhanbad, saw lots in life... I'm 41 now. Really don't know what makes Bengali guys staying outside West Bengal feel that bongs located in Kolkata are a crap lot.
In this context I would like to state that the present HR manager (Kolkata) is a bengali lady too... just relocated to Kolkata from Delhi about 2 years back. I guess she has some issues like you with Kolkata people too !!!
Sorry to talk out of context but your comments "sensitive Bengali boys not being able to take the stress" made me do it. I usually don't talk out of context.
From India, Calcutta
Please suggest a practical solution. I have all E-mail correspondence as well as read receipt of E-mail which is the most important proof. Do you think any doctor will go to court ? Being a director of a firm, hope you know that a doctor's prescription / medical certificate is a legal document.
Your name suggests you are a bengali guy too... how long can you sit in front of a CRT monitor (NOT LED / LCD) without a break? Being in the profession of data recovery from crashed hard disk I spend at times 15 hours in front of a CRT monitor. My vision exceeds 6/6.
Anyway I'm a bong, traveled all over North India. Was in and around Delhi for years, born in the coal belt of Dhanbad, saw lots in life... I'm 41 now. Really don't know what makes Bengali guys staying outside West Bengal feel that bongs located in Kolkata are a crap lot.
In this context I would like to state that the present HR manager (Kolkata) is a bengali lady too... just relocated to Kolkata from Delhi about 2 years back. I guess she has some issues like you with Kolkata people too !!!
Sorry to talk out of context but your comments "sensitive Bengali boys not being able to take the stress" made me do it. I usually don't talk out of context.
From India, Calcutta
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