If you can prove that you were forced to resign, only then you have a case.
If you are a workman under the ID act, then you have to file the case before the court within 3 years from the date of termination i.e. September 2017. If you challenge the termination, then you can ask for reinstatement and back wages.
However, if you demand outstanding dues/ F&F settlement etc. then it will be deemed that you have accepted the resignation/ termination and you will no longer be in a position to challenge such termination before the court.
Contact a lawyer with all documents for better advice.
Not sure what kind of proof will be necessary.I was taken to a room and was asked to write a resignation letter.
All my access to company ID were revoked and I was escorted out of the company premises. At that point of time I was too shocked to react much as I never anticipated this kind of treatment.I just followed what they asked me to do.I had a reasonable good reputation in the company and would like to think people can vouch for me.If for whatsoever reason (performance in my case) company , forced me to resign (even if its genuine per them) , am I not eligible for severance?
They have already done the F&F settlement (2months notice amount) ,gratuity,PF etc without any problems.
I would never want to goback to such a company which belted out such treatment to me after 16years of service.
To be frank , It's not the company but certain individuals in key positions who thought I was not good enough.
But even if their opinion is correct , as I was forced to leave I guess per IDA(I discovered it per chance couple of days back) I'm eligible for severance.
If it comes to it, I believe I can prove in court that I was terminated .
However I would be needing a good lawyer for that.
Can you point me to some good ones in Bangalore?
Please note My end goal is severance benefit and not reinstatement though I also have proof that performance review was biased and can challenge it.
Let me know if I have a strong case.
First I'll try to reason with the company HR and ask for my legal dues to be settled.
They are a very big and professional company and I believe if the right set of people are approached they would oblige.
But if they refuse to budge and act smart , I can drag them to court.
Justice should prevail.