Hello all,
I joined WIPRO BPO (Kolkata) on 2nd Jan 2009 but was terminated on 7th Nov 2009 despite sending my resignation by email and courier as requested by the HR (TED) Ms. Aprajita Byas / Ms. Rituparna Ghosh, Manager HR (TED).
I was suffering from Jaundice, which prevented me from attending the office. I was asked to resign, which I did through email and courier due to my ill health. Unfortunately, none of these resignation attempts were acknowledged, and I was declared absconding and terminated from service.
Both my Appointment letter and Termination letter (issued by their Bangalore legal cell) clearly state that my full and final settlement will be processed in due course.
However, it has been over two and a half years, and my dues have not been settled by the Manager HR (TED) Ms. Rituparna Ghosh. Despite multiple efforts to meet her in person, she insists that I must pay one month's notice period salary, even after being terminated, to receive my PF and last salary. This requirement is not mentioned in my appointment or termination letters or in any labor laws.
During a meeting with her on 21st Jan 2011, she reiterated that my PF withdrawal form would not be forwarded unless I paid the notice period, citing WIPRO's HR policies, which were not mentioned in any official documentation.
I have attempted to contact their Bangalore office's legal cell at +91 (80) 41352000 numerous times but have been unable to reach the right person.
I am seeking legal assistance to claim my legitimate dues, which amount to approximately Rs. 8,000 (PF) and Rs. 3,500 (last salary). I am willing to pay half of my F&F settlement as legal fees.
If there is a lawyer in Kolkata who can assist with this matter, please contact me at t_banerjee@hotmail.com.
Thank you and Regards,
Tanmoy Banerjee.
From India, Calcutta
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1I joined WIPRO BPO (Kolkata) on 2nd Jan 2009 but was terminated on 7th Nov 2009 despite sending my resignation by email and courier as requested by the HR (TED) Ms. Aprajita Byas / Ms. Rituparna Ghosh, Manager HR (TED).
I was suffering from Jaundice, which prevented me from attending the office. I was asked to resign, which I did through email and courier due to my ill health. Unfortunately, none of these resignation attempts were acknowledged, and I was declared absconding and terminated from service.
Both my Appointment letter and Termination letter (issued by their Bangalore legal cell) clearly state that my full and final settlement will be processed in due course.
However, it has been over two and a half years, and my dues have not been settled by the Manager HR (TED) Ms. Rituparna Ghosh. Despite multiple efforts to meet her in person, she insists that I must pay one month's notice period salary, even after being terminated, to receive my PF and last salary. This requirement is not mentioned in my appointment or termination letters or in any labor laws.
During a meeting with her on 21st Jan 2011, she reiterated that my PF withdrawal form would not be forwarded unless I paid the notice period, citing WIPRO's HR policies, which were not mentioned in any official documentation.
I have attempted to contact their Bangalore office's legal cell at +91 (80) 41352000 numerous times but have been unable to reach the right person.
I am seeking legal assistance to claim my legitimate dues, which amount to approximately Rs. 8,000 (PF) and Rs. 3,500 (last salary). I am willing to pay half of my F&F settlement as legal fees.
If there is a lawyer in Kolkata who can assist with this matter, please contact me at t_banerjee@hotmail.com.
Thank you and Regards,
Tanmoy Banerjee.
From India, Calcutta
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Hello all,
I joined WIPRO BPO (Kolkata) on 2nd January 2009 but was terminated on 7th November 2009 despite sending my resignation by email and courier, as requested by the HR (TED) Ms. Aprajita Byas and Ms. Rituparna Ghosh, Manager HR (TED). I was suffering from jaundice and could not attend the office. I was asked to resign, which I did. Due to my ill health, it was not feasible for me to physically go to the office, so I sent my resignation by email and courier. Unfortunately, none of these were acknowledged, and I was marked as absconding and terminated from service.
Both my Appointment Letter and Termination Letter (issued by their Bangalore legal cell) clearly stated that my full and final settlement would be cleared in due time. However, it has been over two and a half years, and my dues have not been settled by the Manager HR (TED) Ms. Rituparna Ghosh. Despite my efforts to meet her at the office, she insists that I must pay one month's notice period salary, even after being terminated, to receive my PF and last salary. This requirement was not mentioned in my appointment or termination letter or in accordance with labor laws.
I met with her in person on 21st January 2011 as requested for a discussion, but she remained adamant and stated that my PF withdrawal form would not be forwarded to the PF commissioner's office unless I paid the one month's notice period, citing WIPRO's HR policies. These terms were not outlined in any official document provided to me. I have tried contacting their Bangalore office at +91 (80) 41352000 (Legal Cell) numerous times but have been unable to reach the appropriate person.
I seek assistance from any lawyer or individual who can help me in obtaining my rightful dues. My Full and Final settlement is approximately Rs. 8,000 for PF and Rs. 3,500 for the last salary. I am aware of other employees facing similar conditions even after working for over four years at WIPRO BPO. This organization appears to have difficulty settling F&F dues promptly.
I am willing to share half of my F&F final settlement as legal fees. Do you know of any lawyers in Kolkata who could take up this case for a reasonable fee? I am also aware of another individual who worked for over four years and is struggling to obtain a release letter from WIPRO BPO Kolkata despite their resignation letter being accepted. If anyone is willing to assist, please contact t_banerjee at hotmail dot com.
Thanks and Regards, Tanmoy Banerjee.
From India, Calcutta
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I joined WIPRO BPO (Kolkata) on 2nd January 2009 but was terminated on 7th November 2009 despite sending my resignation by email and courier, as requested by the HR (TED) Ms. Aprajita Byas and Ms. Rituparna Ghosh, Manager HR (TED). I was suffering from jaundice and could not attend the office. I was asked to resign, which I did. Due to my ill health, it was not feasible for me to physically go to the office, so I sent my resignation by email and courier. Unfortunately, none of these were acknowledged, and I was marked as absconding and terminated from service.
Both my Appointment Letter and Termination Letter (issued by their Bangalore legal cell) clearly stated that my full and final settlement would be cleared in due time. However, it has been over two and a half years, and my dues have not been settled by the Manager HR (TED) Ms. Rituparna Ghosh. Despite my efforts to meet her at the office, she insists that I must pay one month's notice period salary, even after being terminated, to receive my PF and last salary. This requirement was not mentioned in my appointment or termination letter or in accordance with labor laws.
I met with her in person on 21st January 2011 as requested for a discussion, but she remained adamant and stated that my PF withdrawal form would not be forwarded to the PF commissioner's office unless I paid the one month's notice period, citing WIPRO's HR policies. These terms were not outlined in any official document provided to me. I have tried contacting their Bangalore office at +91 (80) 41352000 (Legal Cell) numerous times but have been unable to reach the appropriate person.
I seek assistance from any lawyer or individual who can help me in obtaining my rightful dues. My Full and Final settlement is approximately Rs. 8,000 for PF and Rs. 3,500 for the last salary. I am aware of other employees facing similar conditions even after working for over four years at WIPRO BPO. This organization appears to have difficulty settling F&F dues promptly.
I am willing to share half of my F&F final settlement as legal fees. Do you know of any lawyers in Kolkata who could take up this case for a reasonable fee? I am also aware of another individual who worked for over four years and is struggling to obtain a release letter from WIPRO BPO Kolkata despite their resignation letter being accepted. If anyone is willing to assist, please contact t_banerjee at hotmail dot com.
Thanks and Regards, Tanmoy Banerjee.
From India, Calcutta
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Hello all,
I joined WIPRO BPO (Kolkata) on 2nd January 2009 but was terminated on 7th November 2009 despite sending my resignation by email and courier as requested by the HR (TED) - Ms. Aprajita Byas / Ms. Rituparna Ghosh, Manager HR (TED). I was suffering from Jaundice, which prevented me from attending the office. When asked to resign, I complied by sending my resignation via email and courier as it was not feasible for me to physically visit the office due to my ill health. Unfortunately, none of these actions were acknowledged, and I was declared absconding and subsequently terminated from service.
Both my Appointment letter and Termination letter (issued by their Bangalore legal cell) clearly state that my full and final settlement will be cleared in due course. However, it has been over two and a half years, and my dues have not been settled by the Manager HR (TED), Ms. Rituparna Ghosh. Despite several attempts to meet her in person, she insists that I need to pay one month's notice period salary, even after being terminated, in order to receive my PF and last salary. This requirement is not mentioned in my appointment or termination letter, nor is it in accordance with labor laws.
I met with Ms. Ghosh on 21st January 2011 for a discussion as requested, but she remains adamant, stating that my PF withdrawal form will not be forwarded to the PF commissioner's office unless I pay the notice period salary. She claims this policy aligns with WIPRO's HR policies, yet such terms were not disclosed in any of my official documents. Attempts to contact the Bangalore office, with the phone number +91 (80) 41352000 (Legal Cell), have been unsuccessful as I have not been able to reach the appropriate person despite numerous calls.
I am seeking legal assistance to help me obtain my rightful dues, amounting to approximately Rs. 8,000 INR (PF) and Rs. 3,500 INR (last salary). The last salary amount is reduced due to my illness during the final month, where I was only able to work for 7 days. I am willing to share half of my final settlement amount as legal fees for assistance in this matter. I am aware of other employees who are facing similar issues, even after working for over 4 years. It seems that WIPRO BPO does not easily settle F&F dues, creating a recurring problem for employees.
If there is a lawyer in Kolkata who can take up this case for a reasonable fee, please contact me at t_banerjee@hotmail.com.
Thanks and Regards,
Tanmoy Banerjee
From India, Calcutta
Acknowledge(0)Amend(0)
I joined WIPRO BPO (Kolkata) on 2nd January 2009 but was terminated on 7th November 2009 despite sending my resignation by email and courier as requested by the HR (TED) - Ms. Aprajita Byas / Ms. Rituparna Ghosh, Manager HR (TED). I was suffering from Jaundice, which prevented me from attending the office. When asked to resign, I complied by sending my resignation via email and courier as it was not feasible for me to physically visit the office due to my ill health. Unfortunately, none of these actions were acknowledged, and I was declared absconding and subsequently terminated from service.
Both my Appointment letter and Termination letter (issued by their Bangalore legal cell) clearly state that my full and final settlement will be cleared in due course. However, it has been over two and a half years, and my dues have not been settled by the Manager HR (TED), Ms. Rituparna Ghosh. Despite several attempts to meet her in person, she insists that I need to pay one month's notice period salary, even after being terminated, in order to receive my PF and last salary. This requirement is not mentioned in my appointment or termination letter, nor is it in accordance with labor laws.
I met with Ms. Ghosh on 21st January 2011 for a discussion as requested, but she remains adamant, stating that my PF withdrawal form will not be forwarded to the PF commissioner's office unless I pay the notice period salary. She claims this policy aligns with WIPRO's HR policies, yet such terms were not disclosed in any of my official documents. Attempts to contact the Bangalore office, with the phone number +91 (80) 41352000 (Legal Cell), have been unsuccessful as I have not been able to reach the appropriate person despite numerous calls.
I am seeking legal assistance to help me obtain my rightful dues, amounting to approximately Rs. 8,000 INR (PF) and Rs. 3,500 INR (last salary). The last salary amount is reduced due to my illness during the final month, where I was only able to work for 7 days. I am willing to share half of my final settlement amount as legal fees for assistance in this matter. I am aware of other employees who are facing similar issues, even after working for over 4 years. It seems that WIPRO BPO does not easily settle F&F dues, creating a recurring problem for employees.
If there is a lawyer in Kolkata who can take up this case for a reasonable fee, please contact me at t_banerjee@hotmail.com.
Thanks and Regards,
Tanmoy Banerjee
From India, Calcutta
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Dear Tanmoy,
Don't approach directly to a lawyer. As of now, you should approach the Labour Officer (LO) in your area. Explain your case to him. He may call both parties. If you are satisfied with the verdict of the LO, that's good. If not, then you should approach a lawyer who handles labour cases.
I recommend this option because sometimes labour courts dismiss cases on technical grounds, such as the aggrieved party not approaching the Labour Office to address the grievance. Sometimes courts handle cases directly and give verdicts in favor of the labour too.
If what you have mentioned is taken at face value, there is merit in your case. Since no domestic enquiry was conducted, your termination could be considered null and void. However, only the labour court can decide this. But there is a catch too. In India, court cases move at a snail's pace, and it may take a decade or even more to settle your case!
Regarding your PF, it is advisable to get it transferred. All that is required is to submit a transfer form to your current HR department. You need to provide the PF number of your previous employment. If you transfer the PF, your old employer will not be involved at all. Considering you have worked for barely 10 months, the contribution amount is relatively low. So, why fight on this ground?
Since this is a legal matter, other senior members like Rajan Associates, RN Khola, Saiseven, Tajsateesh, Vasant Nair, etc., may also give their opinions.
Ok...
DVD
From India, Bangalore
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Don't approach directly to a lawyer. As of now, you should approach the Labour Officer (LO) in your area. Explain your case to him. He may call both parties. If you are satisfied with the verdict of the LO, that's good. If not, then you should approach a lawyer who handles labour cases.
I recommend this option because sometimes labour courts dismiss cases on technical grounds, such as the aggrieved party not approaching the Labour Office to address the grievance. Sometimes courts handle cases directly and give verdicts in favor of the labour too.
If what you have mentioned is taken at face value, there is merit in your case. Since no domestic enquiry was conducted, your termination could be considered null and void. However, only the labour court can decide this. But there is a catch too. In India, court cases move at a snail's pace, and it may take a decade or even more to settle your case!
Regarding your PF, it is advisable to get it transferred. All that is required is to submit a transfer form to your current HR department. You need to provide the PF number of your previous employment. If you transfer the PF, your old employer will not be involved at all. Considering you have worked for barely 10 months, the contribution amount is relatively low. So, why fight on this ground?
Since this is a legal matter, other senior members like Rajan Associates, RN Khola, Saiseven, Tajsateesh, Vasant Nair, etc., may also give their opinions.
Ok...
DVD
From India, Bangalore
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Dear Dinesh,
Thanks for your advice. I'm working on my own (Server work) ever since I was terminated. So my PF cannot be transferred anywhere. The Company's PF is registered at Nehru Place, New Delhi. It's very difficult to follow up as I'm located in Kolkata.
I complained online to EPFO about a year back but have yet to hear from them. So the only option is to withdraw it by using form 10C and 19. I'm aware this process will also take a long time.
I have also filed a complaint with the PF commissioner and hope that some action will be taken against these high-handed companies.
I'll escalate this case to the highest level, come what may... I hope there is some law and order in this country...
Cheers...
From India, Calcutta
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Thanks for your advice. I'm working on my own (Server work) ever since I was terminated. So my PF cannot be transferred anywhere. The Company's PF is registered at Nehru Place, New Delhi. It's very difficult to follow up as I'm located in Kolkata.
I complained online to EPFO about a year back but have yet to hear from them. So the only option is to withdraw it by using form 10C and 19. I'm aware this process will also take a long time.
I have also filed a complaint with the PF commissioner and hope that some action will be taken against these high-handed companies.
I'll escalate this case to the highest level, come what may... I hope there is some law and order in this country...
Cheers...
From India, Calcutta
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Dear Tanoy,
Please send a legal notice directed to the following people:
1. CEO
2. CFO
3. Director
4. In the name of the Company.
Things will fall into place after the letter is received by them. The letter should clearly mention that legal action will be taken under both the Contract Act and also under IPC for cheating and fraud.
Regards,
Octavious
From India, Mumbai
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Please send a legal notice directed to the following people:
1. CEO
2. CFO
3. Director
4. In the name of the Company.
Things will fall into place after the letter is received by them. The letter should clearly mention that legal action will be taken under both the Contract Act and also under IPC for cheating and fraud.
Regards,
Octavious
From India, Mumbai
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Dear Tanmay,
Mr. Divekar has rightly suggested the approach you can take. However, why is the HR demanding a pay of 1 month? You have your medical papers ready. Those will be useful. I know what great souls some of those HR people are and the kind of silly mistakes they make. Chances are they sat on your letter or simply shoved it in one of their drawers until you were declared absconding. Let the doctor who treated you testify in the court of law, and the HR managers who are involved should also vouch that they are 100% sure that you were absconding. First, approach the labor officer and then a lawyer. Have your PF transferred. I, of course, would like to believe that you are young and you are not quite like the other oh-so-sensitive Bengali boys who can't take the stress of a BPO lifestyle. I will be happy to be wrong. :)
Take care and give a good fight if you are on the right side of the law. By the way, please don't take the CEO and others to court; you will be the biggest fool on earth while doing that. :) :)
Cheers!
Saurav Das
From India, Mumbai
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Mr. Divekar has rightly suggested the approach you can take. However, why is the HR demanding a pay of 1 month? You have your medical papers ready. Those will be useful. I know what great souls some of those HR people are and the kind of silly mistakes they make. Chances are they sat on your letter or simply shoved it in one of their drawers until you were declared absconding. Let the doctor who treated you testify in the court of law, and the HR managers who are involved should also vouch that they are 100% sure that you were absconding. First, approach the labor officer and then a lawyer. Have your PF transferred. I, of course, would like to believe that you are young and you are not quite like the other oh-so-sensitive Bengali boys who can't take the stress of a BPO lifestyle. I will be happy to be wrong. :)
Take care and give a good fight if you are on the right side of the law. By the way, please don't take the CEO and others to court; you will be the biggest fool on earth while doing that. :) :)
Cheers!
Saurav Das
From India, Mumbai
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I am amused to read Mr. Saurav Kumar Das's comments about sensitive Bengali boys not being able to take the stress of B.P.O. life. It is an assumption without basis. Stereotyping without any logic is not expected from someone running a training organization.
From India, Calcutta
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From India, Calcutta
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Hi All,
This is a unique example of a mess made by the HR people. I am sure that Azim Premji must not be expecting such a violation of the law of the land and natural justice. No company can hold the PF in any case. Even the court also cannot order the attachment of PF and gratuity.
My suggestion would be to write to the PF Commissioner and even directly to Azim Premji's office to teach a lesson to the so-called adamant lady in HR.
Regards,
From India, Pune
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This is a unique example of a mess made by the HR people. I am sure that Azim Premji must not be expecting such a violation of the law of the land and natural justice. No company can hold the PF in any case. Even the court also cannot order the attachment of PF and gratuity.
My suggestion would be to write to the PF Commissioner and even directly to Azim Premji's office to teach a lesson to the so-called adamant lady in HR.
Regards,
From India, Pune
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Dear Saurav Das,
Please suggest a practical solution. I have all email correspondence as well as read receipts of emails, which is the most important proof. Do you think any doctor will go to court? Being a director of a firm, I hope you know that a doctor's prescription/medical certificate is a legal document.
Your name suggests you are a Bengali guy too... How long can you sit in front of a CRT monitor (not LED/LCD) without a break? Being in the profession of data recovery from crashed hard disks, I spend, at times, 15 hours in front of a CRT monitor. My vision exceeds 6/6.
Anyway, I'm a Bengali, traveled all over North India. I was in and around Delhi for years, born in the coal belt of Dhanbad, and have seen a lot in life. I'm 41 now. I really don't know what makes Bengali guys staying outside West Bengal feel that Bengalis located in Kolkata are a bad lot.
In this context, I would like to state that the present HR manager in Kolkata is a Bengali lady too, just relocated to Kolkata from Delhi about 2 years back. I guess she has some issues like you with Kolkata people too!
Sorry to talk out of context, but your comments "sensitive Bengali boys not being able to take the stress" made me do it. I usually don't talk out of context.
From India, Calcutta
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Please suggest a practical solution. I have all email correspondence as well as read receipts of emails, which is the most important proof. Do you think any doctor will go to court? Being a director of a firm, I hope you know that a doctor's prescription/medical certificate is a legal document.
Your name suggests you are a Bengali guy too... How long can you sit in front of a CRT monitor (not LED/LCD) without a break? Being in the profession of data recovery from crashed hard disks, I spend, at times, 15 hours in front of a CRT monitor. My vision exceeds 6/6.
Anyway, I'm a Bengali, traveled all over North India. I was in and around Delhi for years, born in the coal belt of Dhanbad, and have seen a lot in life. I'm 41 now. I really don't know what makes Bengali guys staying outside West Bengal feel that Bengalis located in Kolkata are a bad lot.
In this context, I would like to state that the present HR manager in Kolkata is a Bengali lady too, just relocated to Kolkata from Delhi about 2 years back. I guess she has some issues like you with Kolkata people too!
Sorry to talk out of context, but your comments "sensitive Bengali boys not being able to take the stress" made me do it. I usually don't talk out of context.
From India, Calcutta
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A Handbook on Employee Relations and Labour Laws in India.pdf
Labour laws.ppt
All the labour laws.doc