I am writing this e-mail to bring to your attention that I have been caught up in a very unfortunate incident in personal life since last 10 months.
There was a legal case filed against me under which I had to immediately go into judicial custody and hence I could not inform the organisation about my unavailability as expected.
I got relieved from the unfortunate legal case and came completely clean out of it but my organization has considered me as absconding and continued to terminate my employment
I asked them to give me the reliving letter but they are denying me to give the letter.
I am currently not in the financial position to pay the foresaid amount.
What should I do can someone help me?
From India, Chandigarh
There was a legal case filed against me under which I had to immediately go into judicial custody and hence I could not inform the organisation about my unavailability as expected.
I got relieved from the unfortunate legal case and came completely clean out of it but my organization has considered me as absconding and continued to terminate my employment
I asked them to give me the reliving letter but they are denying me to give the letter.
I am currently not in the financial position to pay the foresaid amount.
What should I do can someone help me?
From India, Chandigarh
"I am currently not in the financial position to pay the foresaid amount" . What is this for? The company had terminated you from the service, right? Then why should you pay anything to the company? Is it by way of any notice pay? Notice pay applies when the employee puts resignation and wants to get relieved immediately. It does not apply to termination or dismissal on the ground of misconduct, ie, continuous absence from work without intimation.
Now, coming to the practical side of the issue, I would say that by getting a relieving order which might say...." since you have been absconding it is construed that you are not interested in the employment with us and therefore, you are relieved from service with effect from...../ with immediate effect." will not add any value to your personal or career growth. Then why should you go against it? Denying relieving order for want of a few months' notice pay is really unfortunate. But you cannot demand a relieving order which shall not contain any negative remarks about your service or something which may cause you stigma. It is true that you were found innocent and thee court has acquitted you. But the charge in the service records is not criminal charge or judicial custody but just absenting without notice. That is maintainable also. Certainly, you can peruse whether they have followed the principles of natural justice or not and see if the procedures were followed. If they have not followed the procedures required to be followed before dismissing an employee from service, then you can even demand reinstatement.
From India, Kannur
4249Now, coming to the practical side of the issue, I would say that by getting a relieving order which might say...." since you have been absconding it is construed that you are not interested in the employment with us and therefore, you are relieved from service with effect from...../ with immediate effect." will not add any value to your personal or career growth. Then why should you go against it? Denying relieving order for want of a few months' notice pay is really unfortunate. But you cannot demand a relieving order which shall not contain any negative remarks about your service or something which may cause you stigma. It is true that you were found innocent and thee court has acquitted you. But the charge in the service records is not criminal charge or judicial custody but just absenting without notice. That is maintainable also. Certainly, you can peruse whether they have followed the principles of natural justice or not and see if the procedures were followed. If they have not followed the procedures required to be followed before dismissing an employee from service, then you can even demand reinstatement.
From India, Kannur
There are judgments to the effect that absence caused due to incarceration (being put in jail) does not amount to voluntary absence and there cannot be a presumption of voluntary abandonment of service. As stated by learned Madhu Sir, you have enough grounds to challenge the termination of service. Pl explore them.
From India, Mumbai
From India, Mumbai
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