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Indian Law/Forced To Resign ( Private MNC)


What is the legal re-course that can be taken against 2-3 people in the Company for Forcing you to resign ....?
Situation : A set of documents (which is created & dealt daily by the employee) is picked up from one corner of the desk & on realizing it's not one's set of documents is kept back at the other corner bunch of the desk ....  
Basis this one is accused of hiding papers & then taken to a room with 2-3 people threatening the employee for issuance of Termination letter or else resign .. Not letting the employee to go out of the room ...
Out of No choice , the employee puts his resignation ....  

What can be the legal recourse against the Company ... Such Harrassment ,HR Head and Company COO ..     

Need Urgent help and response ..

You can lodge a FIR before the nearest police station stating the facts as stated above.Then the police will initiate a criminal case against your employer.If the police refuses to accept the complaint,then you directly file a criminal case before a Magistrate Court.If after holding preliminary inquiry ,if the Magistrate is satisfied that prima-facie there is a case against your employer, then it will admit the case.Otherwise it will dismiss it.However, success in the case will depend upon proof of the allegation through documentary evidence and argument of your lawyer.The accused has to prove that the compliant was false.

You can also lodge a compliant before the National Women Complaint Cell.If satisfied with your allegations,they will themselves file a criminal case against your employer.They also hold inquiry through police.

In view of the above,please take appropriate action on the matter in consultation with a suitable lawyer.It is better not to work in such an organization because such employer is engaged in unfair trade practice but you must file complaint against your employer for the vindictive attitude taken against you.Those who did unnecessary mental torture to you must be given such a good lesson that they will never forget it in their lives.Lastly, please do not loose your heart.You may get much better opportunities in future.Please forget about your past and think that your future will be bright.

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Arun Kumar Maitra


Contract Law,Companies Act,Sale of Goods Act,Partnership Act,Negotiable Instument Acts,Constitution of India,Arbitration Act,Consumer Protection Act,Maternity Act,Payment of Gratuity Act,Payment of Bonus Act,Shops & Establishment Act etc.The answer to the grievance of the particular online query depends on the facts of the particular case and law applicable to it.However,my comments relating to the various queries raised through the "All Experts" should not be treated as legal advices and should not at all be relied upon.I do not accept any responsibility for them.They will only give you some ideas about the probable merits of your cases.Ultimate actions/decisions in the matter may please be taken in consultation with the Legal Experts in the relevant fields.My purpose of giving the comments is to increase my own knowledge on the subjects and share it with others.It is purely of academic interest to me. I strongly feel the more knowledge we share,the more we shall be able to learn because there is neither any age nor any end to learning.


I have experience of dealing with matters relating to holdings of board/general meetings,maintenance of statutory registers,filing of necessary returns with the RoC,obtaining licenses for import,replies to Parliament Questions,dealing with the Parliamentary Committees,appearing before various courts to defend my employers,filing affidavits/counter -affidavits,preparing written statements/re-joinder,giving advice to management on complicated legal issues,preparation,drafting and vetting of contracts etc. I have more than 35 years of experiences to deal with the Company Law and Other Commercial Laws of leading Organisations in the country both in Public as well as Private Sectors.

Member,Inst. of Chartered Accountants of India Member,Inst. of Company Secretaries of India; Member,Bar Council of India Member,All India Management Association Member,Delhi Management Association Ex. Vice-Chairman,Durgapore Chapter of the I.C.A.I. Expert ,CA Club India Expert ,Lawyers Club India Expert,AllExperts Ex. Faculty ,I.C.S.I as well as I.C.W.A of India Retd. Co. Secy. & G.M.(Law)/NFL(A Mini-Ratna A Schedule Central P.S.U.),New Delhi Ex.V.P.(Secretarial Dept.),Jaiprakash Associates Ltd. Ex. Co. Secy.,MAMC(A Govt. of India Enterprise),Durgapore



Awards and Honors
Obtained ''A'' Grade Certificate in the Parliamentary Procedure from the Secy. General of Parliament in 1994-95.It was in connection with a training course conducted by the BPE for PSU Executives.

Past/Present Clients
I am presently working as a Company Secretary in Old World Hospitality Pvt. Ltd.located in Delhi.It is engaged in Hospitality Industry.It has Units in India and abroad.It has been given the responsibility to look after operation & Management of ''India Habetat Centre'' located at Lodhi Road,New Delhi.

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