after reading your query it is better you consult any psychologist near by your area ,
you can file criminal complaint against the company
Dear Sirs, I m being continuously harassed mentally by Corporate from 2008 in Hyderabad, India after I left a MNC till now. I myself had resigned that company. That company had unfortunately referred me to a corporate agency certifying that I m unfit for software. As I did not know that, I had come back to Bangalore and started working back here. These corporates, who had decided to send me out, paid employees of the company I was working coupons, money etc for mentally harassing me. I had no proof of the same, hence I had to bear them. I still did not know, what was happening, but unable to tolerate them, I quit and joined another company. I worked excellently there, saving 1.5 billion dollars to the company where the vice president himself had mailed me, congratulating me and getting appreciation from all over world. I had serious plans of civil services exam, hence quit and started preparing for the same as I wanted to contribute in consulting, management and administration side as I had both very good team handling ability, observational and analytical skills with excellent grip over English including expert programming skills in database. However, I could not clear the exam and due to my personal responsibilities, I had to join back a job which I duely did again in a MNC in Bangalore. I worked in UK shift managing all my software applications, which got me awards, appreciations for best performance from all over the world. I had become the master of those software applications knowing the technicalities and entire functionalities with complete expertise in Oracle PL/SQL and Unix. In 2014 November, this corporate agency came to know that I m in this British Canadian Major company in Bangalore. They got the permission of someone in the company and used the employees again to start the harassment in the same way by paying money and perks. I had personally seen employees by openly talking about me saying that they would somehow falsely prove mentally or physically unfit and send out of software as they had taken lot of money from these corporates. I did not budge as I had proved my worth in pl/SQL as well as my applications. Hence, I was not given any work at all. My laptop screen was screen mirrored to other employees when I was jobless using proxies. These employees began harassing me by not naming me but pointing out specific things like where I sit, what shirt I wear etc and continuously harassing me. I was shocked when these people started talking about that wires/cables been placed in and around house with the permission of owner of the rented house.I was shocked, when I actually saw the clips of bedroom also in a laptop. Unfortunately, I couldn't take a picture of the same. Unable to tolerate, I began asking atleast for a team change, but my manager told me there was no work and I should do some personal work. Unable to tolerate this harassment as on one side, I was not given work and on the other side my screen was shared and employees continuously harassed, I contacted a manager who agreed to take me. The idea was that I would contribute on oracle PL/SQL as an expert with 50% of time and other time, I would contribute to learn new functionality and to work on a technology I was out of touch (java) as there was no replacement and also on Sybase database, which I could manage as I was an expert in Oracle PL/SQL. When I joined the team, I only came to know PL/SQL project was dropped off and I had to work on Sybase and Java where the expectation was that I would contribute on Sybase and Unix as expert and on Java, I would do that like a fresher until I am completely comfortable and refreshed java which I was out of touch for 6 years. I had almost realised again, that this was a ploy as employees were paid again to continuously harass me. I did not give up still and as an internal outsourcing, the department was sold out to a top Indian MNC. All the employees migrated but still my team was the only one staying in the original MNC.When I myself went to the migrated company, the network of my row was made so slow that it was impossible to connect as I had to remotely connect to a desktop in the parent company.I was forced to go back. I only then came to know, these corporates in order to root me out of software had even referred me to a Singapore based research firm, where they passed even harmful gases which would damage the nerves and body. Also, a security guard near our house informed me in Hindi that some gas was actually passed which would create severe allergy and also create cancerous tissues in abdomen or intestine, when milk or milk product is consumed.He had also informed the plan was to make me sign a contract and send me to another country to work in a hospital. The security guard even told I was being brain mapped, and my activities including my emotions were being transmitted to people in and around from a nano transmitter, to monitor my situation. They were supposedly using a research device which compares the brain mapping with other known preinserted data and keeps on sending health data to a server which could be accessed by mobile devices. I was given work in different technologies and I had to accept else I had to sit idle. Continuously, I was harassed as other employees continuously harassed by even telling my email password and my system passwords, but not naming me. This way, I would not have any proofs and they could continue harassing. When I could not tolerate and started replying back, I was suddey termed as arrogant from being unworthy. Still, I continued my work aggressively and the Business from US and UK, sent me again appreciation mails congratulating my work performance and dedication. As if this was not enough, I was again given some other work in something else other than my expertise ie PL/SQL. As the security guard had told me that I was harmed physically and mentally, I took this seriously and went to a renowned hospital for complete body checkup including all blood tests. Everything was normal. But as he had told, milk and milk products suddenly created allergy all of a sudden and I had to stop completely any milk product. This was a strange thing for me as I continuously have tea and coffee and nothing had happened till now. Worst was yet to follow when the security guard had informed even my wife was affected and if she consumed milk or its products, she would have abortion in future in case if she plans to have a kid. I did not mention to her, but seeing my situation, she informed she wanted some break for sometime and left. I have myself seen clips of my house in other co employees laptops, but couldn't collect any proof. As if this was not enough, these employees even started talking about the colour of undergarment which I was wearing without taking my name and also what dress my wife used to wear. This was a carefully planned attempt as they did not take my name. Right now, I m in a desperate situation. I had only got to know from that security guard that these corporate wanted to displace me from software as a very big MNC which I worked before in 2008 had referred me to this corporate agency and hence from then onwards, I m continuously harassed. Since, a huge amount has been spent on this, for almost years together, the guard had informed they had decided against me although I never committed any mistakes. This was clearly an issue of personal grudge, as even my wife was targeted. When I had consumed milk, I had been suddenly low where I was given vitamin tablets to overcome. Doctors in the hospital couldn't know what was there as all the blood tests were negative and I was 100% normal. They only informed, it could be an allergy and to avoid milk for now. I have all relieving letters, experience letters from all the companies I have worked. I have appraisal letters of all the companies. Also, for proof sake, I do have the letters of appreciation and awards with me, especially in my last company where I had become expert in the applications I handled including technically being sound proof in Oracle PL/SQL. I had even got to know from these people that a deadly gas called cynogen which I m not aware about was also passed in order to poison me. I don't have a single case or complaint filed against me. I have been an honest citizen of India paying all my taxes. If this continues, then I may have to give up my life itself as situation was very worse and these corporates can do anything including killing if they can fool by paying money. I was offered a technical lead designation by the same MNC, in Bangalore 2 years back, as I had doubted something was wrong as all the companies I worked specifically questioned me after background verification, if something was wrong in that particular company. Later, the HR of that company denied the offer saying that the closing feedback given in my previous company was so bad that not even subsidiaries of that company would be able to hire me back. Since, I was really not interested in that company, I had not proceeded as I was really happy at that time and this corporate agency did not have any idea about the same. Now, in the present company, the harassment is continued as again employees are being paid by the corporates. Even, these corporate had planned to move me to construction field, where as a CSR initiative, these people had promised some people sites at a throw away rate in hiriyur near Bangalore. Everyone involved have been supposedly heavily paid and unfortunately, entire Bangalore including some police officials are aware of this, but no action taken as they know, I don't have much support to back me. Some days back, I had got a call from an IT company asking me to work on a technology which I was not aware saying that they had received my resume and my contact number. As I had never applied to any job sites nor to any company since 3.5 years (other than the company which I worked before just to check the feedback where they had hired me as tech lead, directly through HR and not through job site or any company) I asked them the IP address of the machine, from where they got the resume, they cut the call. Also, I have evidences now from uber cabs confirming my account details were hacked and also from paytm where there was an account created when I had never used their sites. I again reiterate that I have not done any mistake in anyway and no cases or complaints against me in my entire life. Also, I m a University Rank holder in Engineering from a premier engineering institute from Bangalore and have topped most of the semesters also.I have been the best in academics topping almost all the schools and colleges I attended till now. I had even got an opportunity to study in IIIT Bangalore for post graduation in masters in software as i had cleared IIIT post graduate entrance in 2005 and also I had got 135 the rank in post graduate management entrance exams in 2009. I had also been placed on campus in engineering on the first day of recruitment in the first company which came to my college in 2005. Now, due to the blunder of one MNC, the corporates are continuously harassing me by covering them up, and stopping me from working in my area of expertise in oracle PL/SQL and Unix and trying to falsely prove that I m mentally or physically unfit by even going to the extent of harming now by these gases as per security guard. Whole of Bangalore knows about this, even some part of Karnataka. Area in KR Pura, Whitefield, marathahalli are all aware of this harassment and many support as well as money is being paid in order to hush up this issue as this, if proved can become a nation wide debate itself. All attempts are now being done to falsely prove that I m abnormal or physically unfit, when whole of Bangalore knows I m normal and when I have medical fitness certificates with me. I m not sure how long will I be able to bear. But by looking at this site and the meticulous details of the lawyers in this site, I still have some trust in Indian judiciary and I authorise you all to legally file suit against them in case if any harm, either mental or physical harm continues to me. Since I believe this is an open issue now where I have lost trust in the society also, I make an appeal to lawyers from all over India to support for this cause against harassment and I m myself prepared even to give up my life for the same as I had it enough.
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after reading your query it is better you consult any psychologist near by your area ,
you can file criminal complaint against the company
I know this is a hard to prove case, but request you to keep this question open as this is something which very experienced senior lawyers only know can handle and people with 3 or 4 years with average exposure cannot handle as it raises suspicion of authenticity in the case. If I m harmed personally or physically, only then this case can be proven as I have not divulged this to anyone, except this site where I have not provided any details in the site. As advised by lawyer, to proceed with a criminal suit against the company, already my relation has filed one in labour court as she was with me when I was asked by the HR if something was wrong in the company I worked as they got a bad feedback. I agree this is a question of authenticity and most importantly, I have not given any details as if given, I could easily be falsely framed as abnormal. Please forward this to a very senior corporate lawyer as ones with experience of 2 or 3 years surely can't handle or advise on this, as they lack that experience on the same. I reiterate that, in case if I openly divulge the details, then it would only prove what they want to falsely frame me, as they want me to do so, so that I could easily be booked. Also, if I do that, I would lose out the authority to file a suit itself as they would easily frame me falsely on abnormality. Hence, if in case a situation is created, where I m falsely proved as abnormal, considering that they come to know of this post, then this case of harassment be proved, as I have not divulged any details of the company or anything in public or to anyone in public. Hence, I request you to keep this question open, until something is proven as I am not going to disclose or will disclose anything until specific evidence is established for this.Let this information be on the site itself as when established, this can be handled legally including the closing feedback. In case, any harm done to me, then automatically evidence is established. Thanks for letting me know to file criminal suit against the company.
as per your query question of seniority does not arise , technical knowledge of the case is important than seniority, the ability of lawyer cannot be question you take out the result of the lawyer opinion, you have not mention the full facts of the case,
High Court Injunction Against IT Sector Employer ,Employment Termination in India
The Madras High Court has restrained India's leading information technology ("IT") company from terminating the employment of a software analyst. Though the facts are still awaited, such a development appears to be the first of its kind for the Indian IT industry, which is one of the largest employers of organized labour.
Newspaper reports1 suggest that the employee has claimed to be a 'workman' and has contended that the termination of her employment is in violation of the statute. The Industrial Disputes Act, 1947 ("ID Act"), India's most important labour law governing employer-employee relationships, prescribes the mechanism to be followed by employers for retrenchment (termination) of 'workmen' and the compensation payable upon such termination.
In light of the development, we have set out below some important provisions of law to be considered by employers in the software services sector with respect to employment termination.
Workman under the ID Act: The ID Act protects only those employees who are categorized as 'workmen'. A 'workman', as per the statute, is any person employed in an industry to do any manual, unskilled, skilled, technical, operational, clerical or supervisory work for hire or reward. The definition however excludes an employee employed in the managerial or administrative capacity; or in a supervisory capacity drawing wages exceeding INR 10,000 (approx. US$ 167) per month. The scope of the term 'workman' has been highly litigated in India
Concept of Retrenchment: The ID Act defines 'retrenchment' as termination of employment by the employer for any reason other than as a punishment inflicted by way of disciplinary action. Retrenchment does not include: (i) voluntary retirement of the workman; (ii) retirement of the workman upon superannuation; (iii) termination as a result of the non-renewal of the contract of employment on its expiry; or (iv) termination on the ground of continued ill-health.
Employer Obligations: The ID Act provides that a workman who has been in continuous service for at least one year can be retrenched only if the workman has been given at least one month's notice in writing indicating the reasons for retrenchment, or payment of wages in lieu thereof. In addition, the workman is entitled to receiving retrenchment compensation (severance) equivalent to 15 days' average pay for every completed year of continuous service or any part thereof in excess of six months. Employers are also required to notify the labour authorities about the retrenchment, in the prescribed manner and within the prescribed timeline. In addition to these provisions, the employment termination provisions under the state-specific statutes applicable to shops and establishments, standing orders, the employment contract and HR policies also need to be complied with. In case of a conflict, the provision that is more favourable to the employee would need to be adhered to.
Termination sequence: The ID Act requires an employer to follow the last-in-first-out sequence while terminating employment. Accordingly, the employer is to terminate the workman who was the last person to be employed in that category. Such a sequence for termination may not be followed in situations where (i) there is an agreement between the employer and the workman to the contrary; or (ii) the employer can provide adequate reasons for terminating any other workman.
Re-employment of terminated workers: The ID Act obligates an employer to allow an opportunity to the terminated workmen to offer themselves for re-employment and such terminated workmen who apply for re-employment are to be given preference over others.
While this specific case could involve dimensions under statutes other than the ID Act, including protection of the employee under the Maternity Benefit Act, 1961, considering the repercussions, including the negative publicity and reputational risks, it is probably time for companies in the IT sector to re-evaluate and ensure their compliance with applicable employment laws.
Recent news articles2 also indicate the beginning of unionisation in the IT sector. Traditionally, union activity was limited to manufacturing and allied sectors. IT sector employees are now engaging with labour unions such as the Forum for IT Employees3 and the Young Tamil Nadu Movement. In addition to traditional forms of collective bargaining, labour unions are initiating online campaigns and resorting to social media with a view to secure employees their statutory rights
1. I fully sympathise with you,
2. Try to audio.video record of all the stated harassment as evidence to submit before the Court when required,
3. When you have collected adequate evidence to prove your point, lodge a police complaint,
4. If police fails and/or neglects to take any action based on your complaint, file a Writ Petition against police inaction.
1. Do not divulge any details now,
2. Keep collecting irrefutable evidence of your allegation/complaint now,
3. After collecting adequate evidence lodge police complaint and file W.P. before the High Court as advised in my earlier post.
1) in your query you have stated that" I authorise you all to legally file suit against them in case if any harm, either mental or physical harm continues to me."
2) no lawyer can file case on basis of your authorisation on this website
3) you have to sign vakalatnama authorising advocate to act appear and plead on your behalf in Bangalore
4) you have stated that all your medical reports are normal .
5) since you feel you have been continuously harassed by your employer and attempts are been made to prove you are abnormal kindly get yourself examined by a psychiatrist for your own safety
6) you can rely upon written opinion of the psychiatrist in case attempts are made to falsely implicate you and declare you as mentally unfit