I Need Help, I Have Been Relieved Unfairly And Unethically On Basis Non Performance.

Dear anonymous,
Your removal is of September, 2012. It appears to be stigmatic. You do not appear to be a workman under ID Act. Even if you are covered under Karnataka Shops and Establishment Act, 1961, but under section 39 thereof and rules you should have filed appeal within 30 days. After almost two years of removal, relief may be denied under that Act. It is advisable to file civil suit for declaration and damages to get declared the removal order illegal.

1. Submit a properly structured representation addressed to good offices of appointing authority,MD,Chairman,GRC......................... .narrate the events and vindication,and demand to let you examine the personnel file..........................and to supply you the copy of your service card........................and offer to pay the cost if any fixed for it by cheque under proper acknowledgment on the spot..................
2. Request to withdraw the adverse/false comments from relieving letter,personnel file,service card in writing under copy to you..................................
3. Such good for nothing Line Managers/HR personnel are not fit to be left to loose around in a civilized society.......
Rise and defend your rights.Don't suffer in silence and accept such incidences as your fate and destiny.
4. Become member of employee's/trade unions........
5. Approach your community leaders.
6. Approach the officials of Labor Dept. and proceed legally..........

Perhaps I would not have continued in the thread which has been posted in today's dak by the administrator, but I felt like pin pointing about the shattered inner morale boosting conscience of the victim who after curbing her tormented conscience for about 2 years after August 2012 incident, finally spoke out her dark experience. The treatment of pushing her, yelling at her etc was nothing but to force her to fill up PADP paper so that she could be shown the door. It was in the nature of extortion under penal law. If the nature of termination showed as because of poor performance, has not been reviewed by the employer yet and consequently has left a deep dent on her future prospects because of which she has knocked the citehr after two years, I feel that she will carry this dejection for a long period of her life. Civil remedies will take long time and employer can invest heavily to defend the said managers but the speediest remedy is by filing criminal case of extortion under section 383 IPC against the managers who abetted in getting signed the PADP from her. Since the punishment provided under section 384 IPC is 3 years, still the case can be filed by her because limitation will end in August 2015. Once the case comes in lime light, the employer may or may not review his action but at least the victim's conscience will attain some peace for getting justice by parading those johneys in criminal court. The victim has to initiate proceedings through a learned advocate.

Thanks

Sushil