I ,worked in USA for a consulting company for three years from 2005-2007 .Due to non payment of my salary as per Labor Condition Application (LCA), I had to file a case against my Employer with Department of Labor in Dec 2006 and then as my visa was about to expire on Oct 2007 ,I flew back to India as I had no chance to renew it because of the ongoing issue .
Then I joined a IT MNC in Pune as Associate Consultant in GCP ( Global Consulting Practice ) with an offer letter and annual package of appx 12 Lakhs per Annum .
It may be brought to your notice that all software companies and particulary MNCs have a practice of performing background check on the new recruited employees so am I .
It was outsourced to a third party company and when it contacted my previous employer in USA , the employer retaliated mentioning that I never worked for his company even though I was on his pay rolls. Within hours of the outcome of the background check ,I was called to the HR/Admin Office in April2008 ,Pune and was forcibly made to resign with a letter in writing that I was resigning from the company because of my background check has resulted in negative .
The Company was not willing to listen to my defense on the same .I had no choice but to resign on the spot. I tried to contact my supervisor and global head of my department but they paid a deaf year .
I had no option to file a case with IT MNC at that time because of my ongoing earlier case with Employer in USA and judgement pending .Now ,that the Final Decision and Order was released on in Feb 2015,by the Highest Court ie Admin Review Board in my favor , I would want to appeal to IT MNC not for reinstating my employment primarily but to show cause as to why I had been removed without probing into the matter and why I was not given enough time to prove my innocence in the issue .
Can I appeal to this IT MNC asking a monetary claim for the damages in terms of my career
/employment from 2008 till now based on my recently released US Court Order ?
Please suggest me ..