Career destruction and harassment by Indian pharmaceutical PSU
I was Asst.Gen.Manager(engineering & project) since 2007 in india govt PSU company,In mid of project completion at Bangalore factory.
Management/transferred to marketing dept as Asst.Gen.Manager -pharma(medicine) marketing dept at Guwathi(where co.do not have office),even though project is yet to completed as on date in bangalore.
At Guwahati,Made to work as a manager job responsibilities for one year (it is depromated post with out charge sheet & enquiry).
Later management forced to work as Medical representative (Lowest depromated post in marketing department with out any enquiry) for anther year. With malafide transfer ,harassment & salary reduction, indrictly terminated by settling dues including gratuty,without giving opertunity to defend in enquiry officer panel comeete.
The transfer has defeated purpose of appointment & company ruined my career with huge economic lose till retirement as a mechanical engineer of age 53 will never get job in marketing department of any pharmaceutical company.
Request legal solution ASAP.
Asked in Labour from Bangalore, Karnataka
1) you have not mentioned when your services were terminated ?
2) you can raise plea that termination is in violation of principles of natural justice and infringement of terms of employment
3) judgment of the Supreme Court reads as under:-
"12. The position as it obtains in the ordinary law of master and servant is quite clear. The master who wrongfully dismisses his servant is bound to pay him such damages as will compensate him for the wrong that he has sustained. "They are to be assessed by reference to the amount earned in the service wrongfully terminated and the time likely to elapse before the servant obtains another post for which he fitted. If the contract expressly provides that it is terminable upon, e.g., a month?s notice, the damages will ordinarily be a month?s wages.......No compensation can be claimed in respect of the injury done to the servant?s feelings by the circumstances of his dismissal, nor in respect of extra difficulty of finding work resulting from those circumstances. A servant who has been wrongfully dismissed must use diligence to seek another employment, and the fact that he has been offered a suitable post may be taken into account in assessing the damages". (Chitty on Contracts, 21st Edn., Vol (2), p. 559 para 1040).
You should approach the Regional Labour Commissioner and can also challenge the transfer as malafide in the civil court. Issue a legal notice through a lawyer to the employer. The arrears of salary can also be recovered through a suit for recovery. Avail the services of a lawyer to initiate the legal process.
Kindly note the continuation of above questions....
I was keep asking for GM-marketing & lower staff also company infrastructure.. But management replied no support will be given.
At last... after 2 yrs mental & physical harassment (my opinion)and salary reduction by LOP on a/c non reciept of daily work reports by post for many months without giving valid reasons....it seems daily reports sent by personal ID emails are not considered as leagal document as attendance (note,: Intialy on Manger post many months mail reports are recognized as attendance )
In last March 16, some officer came to cross check my work in NE region of India & he was trying to find mistake to charge sheet me & threatened to sign wrong report.. but I denied & vacated the place by sending mail for official reason(the official reason is management is not provided GM-marketing position status & supporting infrastructure).
Since last March16, I was not reported to duty irrespective of many reminder letters from company (As I was mentally dippressed at age of 52 &I have medical certificate from doctor& GM-marketing has given in writing that any kind of leaves will not be sanctioned,even earlier sick leaves are not sanctioned.
Now in January 16 company HRD has applied appointment letter clause I.e
"Any employee is absent from duty without senior approval for 10 days,it is considered as self termination "
So company settled my dues the way they want .I.e..March16,salary was paid in January16 and gratuity amount check received late.
Company has taken decision without conducting enquiry/chargesheet/suspension etc,with mear clause of appointment letter & settled my a/c( I have signed the appointment letter as token of reciept no legal bond is signed)
Now I in privet job market as engineer of 25yrs experience & 2 years experience in pharmaceutical medicine marketing.. So industry is not accepting as a engineer or experienced marketing- GM.
This company has ruined my next 8 yrs of career ,now in pvt job market neither experienced engineer nor Hard core Marketing person.
For the last 8 yrs I have clean records in company book but I was due for promotion.
The above information is not binded leagaly as company is public sector unit under ministry of chemical & fertilizer,may be right in taking decions as per rules & I don't know the company standing order/CDA rules.
"The abv appointment letter clauses would applied by company,after 10 days of myself joined duty in Guwathi,as company do not have any infrastructure for attendance system"..?
Request all expert to advice on grounds to get relief in HC/SC or CAT.
Asked 1 year ago
1) since 16th march 2015 you have not reported for duty
2) company has sent you many reminders to report for duty
3) your services have been terminated without issue of show cause notice .
4) no personal hearing has been granted to you before your services were terminated
5) your termination has been done in violation of principles of natural justice
6) you can move CAT to challenge your order of termination
It is your own admission that you did not report to company despite numerous reminder from latter to do so. Therefore, no cause of action to challenge transfer accrues to you, but you can challenge the settlement if it is not in accordance with law/rules.