Legal Question in Employment Law in India

Hi Sir,

One of my cousin was working for an IT company. He resigned and joined a new company, while doing so he had forged a releiving letter of one of previous experience company. For say

He worked in IT company from Dec 2000 to Dec 2001 in company A

He left company A and joined company B from Dec 2001 to Feb 2003.

He left company B and joined company C from Feb 2003 to Aug 2003.

Now while joining company D he forged the company B releiving letter say he worked from Dec 2001 to Aug 2003.

Later he got FIRED from company D giving a apology letter from him saying he faked his releiving letter. After that he destroyed the faked certificate.

After that he joined company E with releiving letters of A, B, C.

Company D didnot provide him any termination letter or relving letter.

Company E came to know that he had faked his experience in company D and they gave him mental harrasement to an extent that he became menatlly ill. He had to undergo psychiatric treatment also because of the harasement. Bad thing his he doesn't have any proof to say he was mentally harassed.

My question is Can he sue company E saying he was mentally tortured and he his scared that he will get caught of company D's fake relving letter if he tries sueing company E.

Also will Insanity defence work for him since he is a psychiatric patient. Doctors have given him a certificate that he is a Psychiatric patient since he had obtain that certificate for his onsite travel in one of his future company.

Regards,

Vijay Kumar R


Asked on 10/06/12, 10:57 am

1 Answer from Attorneys

RAJIV GUPTA (Cell: +91 9811284735) [email protected]

As he is a psychiatric patient then how will he prove charges against the company in the absence of documentary proof. Read more on Indian laws on my website www.karvai.in.

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Answered on 10/06/12, 11:28 am


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