Format Complaint for Unlawful and Illegal Termination and Non-payment of Full & Final Settlement

BEFORE THE OFFICE OF ASSISTANT LABOUR COMMISSIONER, GURUGRAM

XXXXX, S/o Sh. XXXXXXXX, R/o XXXXXX

…….Complainant

Versus

M/s XXXXXX, XXXXXXXXXXXXX(Branch Office)

Through its Director(s)/HR Manager/Authorized Person.

…….Respondent

Complaint for Unlawful and Illegal Termination and Non-payment of Full & Final Settlement

Respected Sir,

The complainant most humbly submits as under:

1. That the complainant was engaged by the respondent as “XXXXXXXXXX” but the nature of work of the complainant was of a XXXXXXX. The Appointment Letter bearing reference No. XXXXXXXXXXX dated 2^nd January, 2020 containing detailed terms and conditions of the job offer/profile were given to the complainant. The complainant joined the Bank on dated XXXXXXXX, 20…… and was given XXXXXX as Employee No.
2. That the complainant was appointed to work at the place addressed as M/s XXXXXXXXXXXXX (Branch Office) but this was not mentioned in the appointment letter. But later on, the complainant was transferred on repeated requests or prayers to the same location. It clearly shows that respondent had deceptive intentions from the very beginning.
3. That as per the terms and conditions of the Appointment Letter, the respondent has promised the complainant to pay XXXXX/- (Rs. XXXXXXXX only) along with other statutory benefits per month which is Total Cost to Bank for the services of the complainant.
4. That as per the terms and conditions of the Appointment Letter, the complainant was on Probation for a period of Six Months and the complainant was to be confirmed within a period of 12 Months.
5. That the complainant joined the services of the respondent with great excitement and expectation. the complainant worked hard for the betterment, progress as well development of the bank keeping in view and following terms & policies of the bank. The complainant himself as well as bank was satisfied from the services of my client. But after some time of service, one of the staff of the branch stared interfering in the job profile of the complainant. The complainant was being discriminated, humiliated and harassed at the Branch and was being lambasted at several times. But the complainant tolerated all the same being a sincere employee of the bank. The complainant also made a complaint against rude and unbearable conduct to the concerned person as well Human Resource department of the bank but none of them took any satisfactory steps against this humiliation, discrimination and harassment. This resulted in non attention in work, job unrest as well as mental harassment and agony to the complainant. The complainant has returned all the items to the bank that he received at the time of joining the bank decided to resign from his service.
6. That finally the complainant on XXXXXXXXXXX, 20…. decided to leave the bank by sending his Resignation Request to the bank requesting the bank to relieve him from his services as per Appointment Letter. But, HR Department of the bank rejected his Resignation due to being a good employee and promised to resolve the issue.
7. That after this happening, the complainant could not attend the branch on regular basis due to some family dispute and during this period he was in touch with the concerned personnel of the bank.
8. That the complainant was astonished when he received Termination Letter bearing reference No. XXXXXXXXX on dated XXXXXXXX, 20…., mentioning that he had been terminated from his services on dated 3^rd September, 2020.
9. That the respondent has terminated my client without giving him 30 Days Notice or Salary in lieu of 30 days Salary per para XXXXXX of the Appointment letter. Hence, the respondent has terminated the complainant voluntarily and unlawfully without any fault of the complainant and violated the terms and conditions of Appointment Letter.
10. That the respondent terminated the complainant on dated XXXXXXX, 20….. Since then the complainant has been making many visits to the respondent for balance payment including Notice Period Payment and Full and Final Settlement including relieving Letter, but the respondent paying no heed to the request of the complainant for paying his Full and Final Settlement and even relieving Letter.
11. That the respondent has also not paid a balance earned wages to the complainant till date.
12. That non-payment of legitimately earned wages and balance thereof to the complainant is arbitrary, illegal, malafide, discriminatory and in utter violation of the constitutional rights of the employees/ complainant.
13. That the total amount of money due towards the respondent/ employer up to the month of filling this Complaint workout to XXXXXXX/- (Rs. XXXXXXXXXXX Only) excluding/ including interest @ 18 upto the month of filing this application. Details of payment due but not paid by the employer is as follows: ___________________________________

14. That due to such an arbitrary, illegal, unjust and malafide action on the part of the respondent, the complainant has suffered immeasurable mental agonies, financial hardships, and physical harassment which deserves to be compensated in tern of money to the complainant.
15. That the respondent also deserves to be saddled with heavy and extra-ordinary costs for resorting to unfair labour practice.

P R A Y E R

The complainant, therefore, most humbly prays that the respondent be directed and ordered:-

1. To pay a Balance Payment to the complainant amounting to XXXXX/- (Rs. XXXXXXXXXXXX Only) till date of filing of this application with interest @ 18% p.a. till the date of realization;
2. To order the Termination null and void.
3. Burden the respondent with heavy cost and award compensation to the tune of 50,000/- to the complainant for mental agonies, physical harassment and financial hardships.
4. Allow the cost of the complainant as well as legal expenses to the tune of Rs. 11,000/-.
5. To pass such other orders, directions and grant such other relief in favour of the complainant and against the respondent as deemed fit and proper in the facts and circumstances of the case.

Dated: _ _/_ _/20_ _

Complainant

XXXXXXXX

Through: Sh. XXXXXXXXXXXXXXX, Advocate, XXXXXXXXX

VERIFICATION: It is verified that the contents of paras 1 to 15 are true and correct to the personal knowledge and belief of the complainant.

Verified on dated ……../……../20 ……. at XXXXXXX.

Complainant