state all these facts in an affidavit and submit the affidavit in court
this is clear blackmailing
take out an application before the executing court and bring these facts on record by an affidavit
Arbitration Award, it's execution and now Blackmailing and Extortion
Hi Panel, I was working in a pvt. ltd. company in Noida. The company was registered in Delhi. In Jan 2014 (duration 10 months only) they terminated me illegally. However when I asked them for my working day + Notice Period Salary and My Experience and Relieving certificates they refused. Then I sent them legal notices for the same and they just ignored it. Then we filed a civil disputes in Saket Court where the court said as there is arbitration clause in your agreement (as per my joining letters) and arbitrator will be appointed by the company this can not be entertained here in this court. Then again we served them legal notices to appoint an arbitrator as per the agreement. Then they appointed arbitrator in Gautam Budh Nagar Court complex assuming I will not go there to fight against them. But I went on every date with my lawyer. However they just ignored all these after 2,3 days and the arbitrator passed the award in my favour with a certain amount (i.e. my working day salary + my notice period salary + 25,000 compensation + 25,000 for legal proceeding expenses and 10 % interest during the tenure of my arbitration proceeding) with my relieving letter and experience letters. However they again ignored it. Then we file the execution in Saket court where the court sent them notices which they ignored then court appointed a balif for the Kurki process. I got a date on which I went to their registered office where we found that the don't have their office their and they provided false info during registration or might be changed their office in between but didn't updated it to ROC. At last court served their notices to their Noida Office and they again ignored the same. Then I just mailed to the Director for a talk and conveyed each and every thing. He offered me to settle that by just giving me my salary which I refused. Then on next date their MD with their lawyer appeared in front of court and just accepted to pay the money in first attempt. However when I asked for my experience letter and relieving letter I don't know why the Honourable Judge said they didn't heard about this before in exectuion cases before. Then, I again mailed a Thank You mail to the director and asked for my relieving letter and experince letter. Now, he is saying in written. As he court didn't entertained to your request and neither you agreed before to settle it down and took my case back and give us relaxation by just exempted the compensation charges + execution charges + interest. Now he is saying to give back 70% of amount if I want to get my documents with guarantee that they will not do a bad background verification in future if I do so. They did it before just after they terminated me and I gave interview in an MNC and got rejected even after passing all the interview rounds just because of unsatisfied/wrong background verification by my previous employer. Can we entertain it as a blackmailing or extortion???
Asked 5 years ago in Civil Law
15 Answers
Mistake :- However they just ignored all these after 2,3 dates and after 1 year and 8 months the Arbitrator passes award in my favour (Ex Parte)
Asked 5 years ago
Dear Client,
This is not a blackmailing or extortion but unethical practice adopted by company. You can complain to labor commissioner to prohibit company and compensation.
And power of execution courts rest up to execution of order and for violating arbitration order , you can file contempt.
My questions are as follows:- 1) How can I get my experience letter and relieving letters as awarded by the arbitrator. However the execution court's honorable Judge didn't entertained it. 2) During the execution court's kurki proceeding it found that they provided false info regarding their registered office to MCA or RoC. What actions can be taken. 3) They did wrong background verification which I mentioned in the last mail chain and they didn't refused that they didn't did it and neither they accepted that. But they said if I do as per suggested by them then they do guarantee me they will not do the same again and he (director) will instruct GM for the same. What action can we take on them for this? 4) They are demanding 70% amount which they give me to just releasing my documents. Which actions can be taken for the same???
Asked 5 years ago
File appeal agasint execution court order.
Complain/inform the ROC to initiate proceeding against the company for providing false details.
This is violation of arbitration award, file contempt.
You can rely upon award passed by arbitrator and order passed by court in execution proceedings to prove that you were employed by the company
2) you don’t need experience letter as this is sufficient proof of your employment
3) no need to bow down to their demands to repay 70 per cent of amount
In order to get your relieving letter and experience certificate from your ex-employer by filing a suit for declaration in civil court, wherein
if the court is satisfied, beyond reasonable doubt that you were indeed employed with the company, then you would be awarded the same from the court where your dispute is being adjudicated.
Issue legal notice to company to furnish you experience letter and relieving letter
2)if judge did not entertain it file appeal against said order
3) you have no evidence of wrong background verification done by your ex employer
4) record their demands for money in exchange for experience letter and relieving letter
5) in appeal mention unreasonable demands made
For the offence of filing wrong as well false address in ROC or MCA amounts to fraud being played upon by the company on people at large, for which a complaint may be given to the ROC as well as MCA to take corrective action against them.
Also, a police complaint can be filed for cheating and criminal breach of trust under Section 415/406 IPC.
Hello,
Yes you may go ahead and file an FIR for blackmailing against he company.
Does the arbitration order makes a mention that they should give you the relieving letter also?
File a complaint against the company at the RoC also.
Also, next time when you give interview make a mention that your ex-employer is not giving the releving letter for which you have contacted him numerous times.
Regards
Hello
Lodge a complaint against them for spreading lies about you and giving false info about you resulting in rejection in interviews and problems in applying for jobs as per your qualifications and experience.
Regards
Before I can help you, I would like to know a few things. Does the arbitral award in your favour specifically direct your previous employer to give you an experience certificate and relieving letter (which you are entitled to)? If yes then the Executing Court had no business going behind the decree so to speak and deny the said part of the award (which is in the form of a mandatory injunction) to you for whatever reason. This brings me to my second question: Are the execution proceedings pending and has that Court passed an order in which it has specifically said that it cannot ask the judgement-debtor to provide you with the abovesaid documents?
The management is trying to wreak vengeance on you for having got the arbitration decision against them.
However you may pursue the execution of arbitration award for the balance of the relief provided in the decree.
If the EP court is not entertaining the petition, you may prefer an appeal against the refusal by the EP court before a higher court.
The problem with you is that you are engaging in he conversation with the director directly while ther is a cae pending before court, let him answer the court, he cannot neglect or disobey the court order, he is also a citizen of the country hence he has to abide by the law of the land.
If he is not obeying the court order, you may file a contempt of court against him.
If he is indulging in giving bad remarks about you to the company doing background verification about you, then you may file a mandatory injunction suit against him from indulging in such illegal acts against you
There are lot of ways to bring him before the court to obey the court order, he cannot take law for granted.
However they just ignored all these after 2,3 dates and after 1 year and 8 months the Arbitrator passes award in my favour (Ex Parte)
Since they did not contest or challenge the exparte order by the arbitrator, the award made by the arbitration court is is very much valid and they cannot challenge the same at this stage before the execution court.
1. Execution court cannot refuse to entertain the award.
It has no rights to dispute the award passed by the trial court/arbitrator.
Have you filed full satisfaction memo before the execution court, if not you can continue with the Execution proceedings till the award is fully executed, if the court is not entertaining the claim then you may file an appeal agaisnt the decision of the execution petition.
You can enforce the award in full, do not withdraw your petition until the award is fully executed in all the sense.
2. That is not your problem, let the authorities take action on it, you concentrate on your relief alone
3. File an injunction suit against them seeking to restrain them permanently from indulging in such illegal activities. You can contact your advocate and file a suit for mandatory injunction on this.
4. You may refuse to do so, in fact you should not talk to them directly on this once there is a court case pending in the subject
Don't worry and stop to correspondence directly with them.Think about it, your case is in court whether it will be settled or be decided on merit there will be an order giving all the details and dates, facts Why you are asking relieving letter or experience letter.Another thing file an application in the executing court mentioning all these details and further pray before the court that in-spite of orders of the court to settle the issue that are not following the orders.
