• Slapped and abused by CEO

On 5 th March, 2020, I was summoned by CEO and other Managers and Ms. Shakul started allegations against me regarding harassment at working place by giving gift and chatting with Ms. Shakul. they started to threaten me to give false and frivolous cases against me. My boss started using abusive language against me by saying that “ye koi Randi Khana Hai?" and started to slap and thrash me several times in front of everyone in that conference room.

That on the same day 5 th March, 2020, HR gathered all employees on the floor and informed them that I harassed Ms. Shakul, which was never happened whatsoever as alleged. Further they informed falsely i also harassed a girl in the past. The aforesaid against me are false, baseless and created story by them. i have never harassed any girl at your company including Ms. Shakul as alleged.

That thereafter, they issued termination letter to me from aforesaid job by falsely alleging that “ill reported behaviour, gross misconduct with colleagues and my arrogance with his fellow workers” with malafide intention to further demoralize and ruin my career in future.

i am looking for written/verbal apology and compensation money for job, physical and mental harassment.

please advise what are the possibilities and success rate of the case.

Thanks
Asked 5 years ago in Labour

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26 Answers

Why this shakul supported them ? 

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Well, complaint by girl agaisnt the boy not good. In the end even if guy proved innocent. Damage to reputation dose not recover.

Success rate is low unless you have congent proof of your innocence and legal remedy is time consuming. 

Your lucky that thing ended here.

About Physical assault , this is crime but if will file police complaint they me impute false girl molestation charges which is very serious.

Just mail the HR, refuting all the claim and managemnet committed criminal act by assaulting you physically and demand apology + compensation for termination without due notice. 

If positive reply good otherwise end the issue here. Mail will consider your best effort to prove your innocence.

 

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

You can file suit for wrongful termination as well as criminal complaint for Harrasment and assault under IPC

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Issues cannot be settled like this in a workplace.this is totally unacceptable. File an fir against the people who slapped you and abused you.

Also give a legal notice to the company to compensate you.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

She may have grievances but this is not the way to settle things. Make her a party too in the complaint.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Would any of your colleagues be ready to give evidence that you were trashed by CEO ?

 

2) obtain affidavit from your colleagues who were present about your CEO behaviour 

 

3) then issue legal notice to your employer to withdraw false and defamatory allegations made against you and to render an unconditional apology 

 

4) if you are workmen your can seek orders from labour court for reinstatement for unjust termination from services 

 

5) contact a local lawyerc

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

You can file defamation case under section 500 of IPC against CEO , HR manager and lady 

 

also civil suit for damages and claim compensation for loss of reputation , etc 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

the fate of a case depends upon it's merit,

without going through the entire chain of the facts ina thorough manner no one can advise properly,

you can consult a lawyer along with relevant documents to have a concrete advise, however, as per the facts available you can file a compensation/damages case against them in addition to a criminal complaint about beating you,

if any ICC is formed in your company?

 

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

You can make police complaint for false allegations and file case in the Labour Court and make a written complaint to Labour Registrar and Labour Commissioner for above all false allegations against you by management and needs to do further enquiry on your termination.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Dear Sir,

Whatever is your abusive conduct against her, the CEO is not law enforcing authority and cannot take law into his hands. CCTV must have recorded about the assault by CEO on you. Without ICC enquiry and Report you cannot be terminated summarily. File complaint with higher police officers and ask them toseize cctv footage and record the statements of your staff who witnessed the incident. Get issue a legal notice, approach Labor Commissioner and file civil suit claiming at least Rs.2Cr as compensation.

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

1) if girl files FIR against you then apply for and obtain bail from trail court 

 

2) they can file FIR after a month 

 

3) case would take 10 years to be disposed of 

 

4) if your colleagues don’t testify in your favour you would not be able to prove your case 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1. If you are innocent then you can not think what the other side will do. Even if you indeed abused the female employee through wahtsapp which is a crime, the CEO of the organisation has no right to physically assault you.

2. So before more damage is done go the nearest police station file a case u/s 325, 500, 506 of IPC.

3. Forget what the other employees will do when called on by the Police. You do your duty as a responsible citizen f this country by lodging complaint in writing.

4. You have already lost everything including job and reputation and you have nothing more to loose. Now make the CEO loose .

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

Hi

File FIR 

It doesn't matter when you sent the legal notice. Just file the complaint. 

Not creating ICC will be mentioned in your evidence which will prove that it was all conspired to indulge you in a false case. 

Thanks 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

1. she may give a complaint against you but the delayed complaint/FIR will surely favour you,

2. FIR can be filed but less effective, they have to explain the delay

3. time cannot be ascertained

 

if the number of employees are more than 10 then there should be an ICC in the company and in the absence of the ICC the owner/management is liable for the prosection,

 

you can file a complaint regarding not following the rules/regulations/guidelines formed by the ministry/government by the company just to increase their harassment,

 

search for ICC or VISHAKHA guidelines  for a detailed understanding

 

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

Dear Sir,

Sometimes, some injustice gives unbearable harm in life and it seems that you are one of the victims. Since there is no inquiry or any due procedure followed by the company, you may file the case for reinstatement, demand of dues etc.  The finalisation/conclusion of case will take about 2 years or so, however, nothing can be give said accurately regarding the decision of the case. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

Take my advise. Dont stretch the matter. Girl will definitely follow the management instruction and may file FIR of molestation. You have no proof of assault but office staff will testify agsisnt you for sure to secure their job and to please management.

Damage will not heal.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

If you file any proceedings there can be counterblast from the opponent. You need to be ready for the same. 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Under The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013,  every employer is required to constitute an Internal Complaints Committee at each office or branch with 10 or more employees.

 

The Committee is required to complete the inquiry within a time period of 90 days. On completion of the inquiry, the report will be sent to the employer or the District Officer, as the case may be, they are mandated to take action on the report within 60 days.

  • The Complaints Committees have the powers of civil courts for gathering evidence.
  • The Complaints Committees are required to provide for conciliation before initiating an inquiry, if requested by the complainant.
  • The inquiry process under the Act should be confidential.

Thus, if at all there ws a complaint by the woman employee, the employer should have followed the procedures as laid down in the above mentioned act scrupulously.

The arbitrary decision taken by the employer to physically assault and terminate your services are illegal acts.

You can give a criminal complaint against him for physically assaulting you, insulting you in the presence of other employees and abusing you in filthy language before the local police station.

If the police is not cooperating or not taking any action on this complaint you may escalate the matter to the higher police officer or approach judicial magistrate court with a petition under section 156(3) cr.p.c., seeking direction to concerned police for initiating proper legal action on your complaint pending before them.

 

After that you can file a writ petition before high court seeking to set aside the orders terminating your service and to reinstate you back with full wages.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Sexual harassment can be in the form of exchanging spats through social media network too.

However the employer cannot take law into his own hands top punish you without any inquiry or following the due procedures of law in this regard. 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

1. A complaint from the woman against you for approaching police would be  counter case, you can challenge the same on merits.

2. There is no delay or limitation to file your complaint with the police, why do you think it that way.

You should have in fact approached police first instead of resorting to legal action from your end. Well even now you can lodge a criminal complaint as suggested in my first post of this thread.

3. Without initiating any action you are anxious about the disposal, you first of all give a complaint and follow it up properly, you will come to know further details as it develops into a criminal case before appropriate trial court. 

 

 

You were advised to initiate criminal complaint agaisnt the employer on the basis of the incidents that took place on that particular date.

Let no one come to your rescue against the employer, you can follow it up yourself. 


You can follow it up through court also if the police are reluctant to take any action on your complaint.

If you keep coming out with one or the other excuses you may not get any justice, you discuss with a skilled advocate and take his assistance in this regard and follow it up properly so that even the management of the company will come down for compromise.

If you still hesitate to take any action on this then you will not be able to take any action in the future also but will keep grumbling about the injustice meted out to you without any respite. 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

-  As per Supreme Court, “the doctrine of ‘equal pay for equal work’ is not an abstract doctrine. Equality must be among equals, unequal people cannot claim equality.”

- Further, an employer can terminate its employee , if found guilty of willful insubordination or disobedience; theft, fraud, or dishonesty; willful damage to or loss of employer’s goods; partaking of bribes or any illegal gratification; disorderly behavior during working hours; or habitual negligence of work.

- But the employer cannot terminate an employee without giving the employee at least 30 days of notice or a salary in lieu of such notice. 

- Further, as per the Industrial Disputes Act , any such employee who has been employed for greater than a year can only be terminated after permission is granted by a suitable government office. Additionally, an employer must provide valid reason for termination and pay a severance amount that is equivalent to 15 days’ average salary for each year of uninterrupted employment.

- Hence, as per law, the company cannot terminated you ,and is bound to compensate you .

- You should send him a legal notice for the said termination and to demand compensation after mentioning all the facts in details . 

- If, no response , then you can lodge your complaint with the court.

- Further, for your safeguard , you should lodge a complaint with the police and higher official , after stating all the details and thereby inform that the said CEO /manager are threatening for implicating in false cases . 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

you have only one option file a criminal case against all the employee.

Atul Shahi
Advocate, Allahabad
160 Answers
1 Consultation

1. Dear as per your version chances for getting compensation and apology are very low because of lack of evidences. 

2. You must have evidence that it was a planned termination by Ms. Shakul, CEO and HR and they harassed you purposely.

3. You can lodge FIR against them but for that you must have evidence that you doesn't harassed the girl as it can trigger them to initiate police complaint against you for harassment which can further destroy your career. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

no dear friend its an honest reply.

be practical and they have all the evidences against you they have terminated you.

if you take civil remedy then it will take long process and long time due to which you will be frustrated.

dont forget that if you will try for another job then also this question will be asked that why you have left the jib etc.

so if you file the criminal complaint they will come to your knee. 

Atul Shahi
Advocate, Allahabad
160 Answers
1 Consultation

if you can prove that the allegations made against you are false and baseless, then you can file a defamatory suit against the company and its officers and claim damages from them

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

She may file a complaint with the icc.

Yes you should file an fir. 

Well, you have to go ahead in this matter even if they don't do anything because they can file a complaint in future and jeopardize your career.

 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

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