Legal Question in Employment Law in India

The reason I m writing this email to you is to seek your help and also make yourself aware of the unfair practices going on in the M&M group company one of which is to deactivate official email id (hence communicating thru my personal id) without any intimation apart from sidelining & victimizing me(almost harassment). I have huge respect for Mr.Mahindra & M&M group and have been loyal soldier of the organization for more than a decade but it seems current management (MD / CSO / CHRO) has no value for loyalty / vintage. We have seen ups & downs but never thot of abandoning the ship when in the rough waters and current management is throwing us out of the ship when its sailing smoothly.

I would like to share briefly sequence of the events which pushed me to write this email.

7th Jan. 2013 :Was working as Head-Customer Acquisition (North & East) then , I was called to Mumbai on pretext that I will be part of VC which have MD addressing the teams to congratulate for record Dec. 2012 sales and was told to come to Mumbai even if it is for couple of hours. I attended VC which hardly lasted for 30 minutes but post VC I was called separately in the meeting room by Rohit (CSO) & Mohit (CHRO) and told that they have decided to move me to Mumbai with National Role (Heading holiday worlds). I was shocked and could not react properly as this was not discussed earlier also they had replacement ready for me. I had no option but to accept as my successor had already joined and also was given rosy picture for the national role. I just replied saying that I trust my seniors and they will take care of me & family. Their reply was positive but no discussion on ctc etc. took place except that I requested for guest house stay (for self) , recce tour for my family & advance as & when it will be required for house & school admission which was to be deducted from my salary , Incentives for Feb. & March sales (50%:50%) which they agreed.

14th Feb. 2013 : Joined Mumbai Corporate office and started travelling to West & South Zone branches to understand market , culture , customer behavior etc. and shared detailed report & way forward with the CSO. Between 14th Feb. to 18th March I realized that I m not called for the any meetings and even CSO told to drop my name for a meeting which invite was send to me by MDs EA for holiday worlds , I was not given any holiday world related budget / costing despite of my repeated requests and was completely side lined.

11th March to 18th March 2013 : My appraishour was done on 11th March surprisingly discussion was very cold and it was like completing the formality. 12th March my family landed at Mumbai to finalize my daughter�s school and they were very excited for moving to Mumbai. We did finalize house at Andheri East & Vibhgyor School at Goregaon. As discussed with CSO & CHRO in Jan. I decided to send request request for advance since I needed money to pay security deposit and school fees.

12th March : I was called by CHRO in his cabin and he started telling me about his career , how he quit jobs , throw resignation letter on his senior s face if he is not happy, fearless and joined M&M on half the salary (I was wondering why is he sharing all this with me?). Then suddenly he asked me that if I have updated my CV or have started looking out I said No. he said that he handles termination very effectively and also help in getting job as well and I was getting restless. I asked him bluntly that do I need to read in between the lines but he said no as being my well wisher he is sharing. I asked again that Sir, please tell me if you want me to exit and he said no. I told him that family is landing and I left for the airport thinking that it must be one of the HR practices as he did this session with my colleague in the past as well. But this time I was wrong.

19th March 2013 : I send request for INR4Lacs advance to Mohit which was to be recovered from salary in EMIs also paid INR 55K token advance to my landlord. With in 60 minutes of my sending advance request email I was called by CSO for meeting which I thot is finally for discussing holiday world business but to my surprise CHRO was also present. I was told to be ready for some serious discussion about my career. Then they dropped bomb, I was that the position I was moved to Mumbai do not exist any more (top management�s decision) and my services are not required any more. I was dumb stuck and do not not how to react , I immediately called my wife who was going to school to deposit admission fee ,since we got TC from Delhi school, to not to deposit the fees she asked my why but disconnected the phone.

I felt cheated , back stabbed & humiliated by my own boss & CHRO. They trapped me in their vicious game plan.

Meeting continued , and both CSO & CHRO were shedding crocodile tears , consoling me , & assuring me of help if possible with in the group company but I was completely numb and thinking how to handle my family who were in Mumbai. I gained my senses and told both the seniors that I need time to sink in this sad development & would like honorable exit to which they agreed. I requested for annual leave from 1st April to 5th May to look for new job which was approved.

20th March � 31st March : Shared with my family & they were shattered and could not believe that this happened. They went back to Delhi & requested travel to Kolkata (for job meeting & Delhi). I was completely shattered & low.

1st April to 4th May: My annual leave begin so the job search in between I was accessing emails and realized my id has been removed from all the sales groups. I got a call from CHRO on 15th April asking about my job search and sharing his sympathy. In between my very close relative and motherly figure expired & I hurted my back (have history of backache & spasm).

5th May : I wrote email to CSO & CHRO informing that I m not well and have been advised by Ortho to be on complete bed rest for 15 days & may have to be on 45 days but he will confirm only after 2 weeks & MRI report (after prelim investigations). Also mentioned in my email I may need help from Delhi office in-case I get hospitalized alternately may join earlier.

6th May : Woke with missed call from CHRO and called him back. To my surprise he put me on a speaker phone with CSO & him self. This time complete U turn in their attitude. They were aggressive , threatened me , told me that they will ruin my career if I do not resign and my as per them meter started of getting out on 19th March�.

I told them that I m shocked with they attitude and thot that my Head-HR has called to make me comfortable , how am I feeling & ask incase I need any help but I was completely wrong.

I thot what kind of seniors I have. First they play with my career , then they sympathize now they bully me & threaten me. I ended call stating that I m not well & hopefully should join in 2-3weeks time but they were not willing to listen.

7th May : which hurted me like anything and it was insult over injury. My email was not working , I called IT personnel at Delhi office to be informed that as per corporate office s instruction my email id has been deactivated.

My official email id was deactivated. I called CHRO but his phone was not reachable , called CSO and he told me that why do I need mahindraholiday id!! I mean this is sadism. Apology for using last word.

I m still your employee down & unwell and you are making me a laughing stock.

I decided that enough is enough & sent my resignation letter from my personnel id (which I will forward you separately.

I got Mohit s Dubai number from Balaji since wanted to understand the reason & request him to activate my id since my bank & credit card companies have the same id but he did not take my call nor responded n sms.

After spending 12 long years with Mahindra Holidays , dedicated best years of my life , worked passionately & with integrity this is what I get in return? Why are they victimizing me? I have been rated as Strong Performer in my last 3 appraisals , Zone that I was heading was till Dec. 2012 ahead of other 2 zones in terms of Value & Volume YoY growth , attrition was brought under control even CHRO shred in the last meeting that team finds me inspiring. Why are they doing this??

If I was not required in the system why was I moved to Mumbai? What was the need for involving my family?

My seniors, if they feel I m not required in the company they should have played straight , professionally and told me on my face. I would have accepted & would have taken it with stride.

No I fear to justify their wrong doing they may stoop down to further low level and make false allegations against me. Till date I have clean career which they are destroying.

I have never crossed line beyond my immediate superior but I have lost trust in the current Mahindra holidays senior management and with great courage I have decided write to you for help. I would request your help and intervention. Its now question of your employee�s honour , life & career.

I would be grateful if you can give me appointment for meeting after 2 weeks or in case you are coming to Delhi I will try and come to meet you post medical advice.

with in 24 hours i was emailed relieving letter.

i was lured , conned and then dumped. pl help.


Asked on 5/21/13, 10:57 pm

2 Answers from Attorneys

Setu Niket Curare Legal

It seems that you were tricked by the company and officials to move you out of the company.

You can file a suit for damages against the company and officials for all your suffering.

Feel free to contact for assistance.

Kind regards

Setu Niket

Advocate

Curare Legal

New Delhi

9873109672

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Answered on 5/21/13, 11:09 pm
Fca Prashant Chavan Expert Edge LLP

22.05.2013

Dear Sir / Madam,

Please look-out for another job.

Regards,

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Answered on 5/22/13, 12:51 am


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