• 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 10 months ago 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).
Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
5.0 on 5.0
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.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0
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 

Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
5.0 on 5.0
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.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0

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