Hello i don't want to mention my name. In 2014 i got the job in the campco limited(its a multi state co operative society )ie when i was in final sem of mba. The job profile is junior assistant executive trainee (accounts and marketing)after passing the recruitment exam and interview i selected for the job while joining it is compulsory to pay the security deposit ie Rs18000/- in that Rs9000/- i paid during the joining period(my 1st appointment is at shimoga). 1st year my monthly stipend is Rs 12000/- in that Rs900(security deposit installment) deducted till 1st ten months ie(10months x RS900/-) from 2nd year onwards i use to get Rs14000/- stipend without any deduction training period is for 2 years during my training period i got 3 transfer s for different places i use to work as a normal employee of the company during my 2 years of training period my manger gave good feed back in performance appraisal report . i took 1month leave during joining time ie on 2014 June for mba final sem exam purpose and again 15 feb days i took leave on 2016 because i got effected by dengue and rat fever i have produced the medical certificate as proof . but after completion of the training also my job has not been regularized due to my 45 days leave so i waited till june 2017 then also i didn't got any confirmation regarding the regularization but my batch mates who got selected for the job got regularized letter expect me. it was my bad time so i asked with establishment section head regard my job regularization issue he didn't gave proper answer to my question he insulted me and scolded me badly for that i countered in social media that's in whatsapp as"in head office some people don't have sense how to talk with their colleague" for this reason they sent the show case notice without enquiry they extended my regularization and forced me to leave the job and also forfeited my security deposit of Rs18000/- my question is is it possible to get my job back as regular employee and am able to sue against the authority
First answer received in 30 minutes.
Lawyers are available now to answer your questions.
1. If all the similarly circumstanced employees got regularisation and got confirmation except you then you have good case challenging the non conformation .
2. In that event you can take plea of bias and mala fide intention and hence challenge their action by filing the writ petition in high court.
3.Since during your service period there was no adverse report on your conduct I find no reason of failure of your case if you fight for justice in high court in its writ jurisdiction.
Good luck.
1. Raising official issues in public forum is bad conduct as per your service conduct rule which you have committed.
2. However, for the said bad conduct of your you should have been punished by following the process of law which your management has not done.
3. How have they forced you to leave the job? Have you resign being forced by them? If yes, then have you lodged a police complaint against them for forcing you to resign? If not then do it now under copy to the senior management of the department..
4. Thereafter file a Writ Petition for police inaction and also against the organisation seeking relief praying for reinstatement and regularisation of your employment as per law.
1) did you submit your resignation letter ?
2) if you have resigned you cannot claim back your job
3) if show cause notice was issued you should have submitted your reply denying the allegations
4) issue legal notice to company and seek refund of your security deposit
Yes I resigned the job because I answered the show case notice but no reply from them directly delayed my job permanent and send the notice of expending the training period
Explore the legal remedy as I advised above. You Are expected to get justice.
Since you submitted your resignation you cannot claim reinstatement
2) issue notice for return of your security deposit as no personal hearing was granted to you and SD forfeited
Social media means not a public forum it is a what's app group of our management team and company's employee .is there any chance to get job again .why am not able to get the job back they didn't provide any experience certificate also am suffering without employment
1) you cannot get your job back as you have submitted your resignation
1. Your resigning from your job is not a prudent decision taken by you legally.
2. If you can not establish that you were forced to resign by the management, then it will be difficult for you to appeal for being reinstated.
1. Whatsapp group is called the social media.
2. Frankly speaking, you have no much ground to get back your job unless you can prove that you were illegally forced by the management to resign.
You have stated that you were forced to leave the job, did you resign or they terminated your services.
If resignation what was the reason for resignation
You have not stated the proper details so that proper opinion can be rendered
However if you feel you have been meted injustice, you may initiate legal action accordingly, you may consult a service law practicing advocate by producing the relevant papers before him and take a proper legal action as per law.
Yes I resigned the job because I answered the show case notice but no reply from them directly delayed my job permanent and send the notice of expending the training period
If you have voluntarily resigned the job then what is the relief you expect from your employer once you have lost the chance
Social media means not a public forum it is a what's app group of our management team and company's employee .is there any chance to get job again .why am not able to get the job back they didn't provide any experience certificate also am suffering without employment
When you are employed you were supposed to maintain discipline in the service.
You have done some mistakes due to frustration which could have been rectified if you had requested the management to pardon you, whereas you have done one more mistake of resigning the job.
However you may consult a service law practicing lawyer who may have some ideas to overcome this crisis.
You may please issue notice for return of your security deposit, you can not claim reinstatement since you submitted your resignation.
Regards
You do not have much ground to get your job back for the reason that you have accorded your resignation.
Regards