Dear Madhusudan
Thanks for your prompt response and participation.
No offence was meant to you or anyone. I wanted more clarification on the issue; more than what meets the eye; and participation from lady members so that there are different perspectives and viewpoint, as this is a complex issue with no unique solution.
Thanks again for taking pains to clarify.
Warm regards.
From India, Delhi
1425Thanks for your prompt response and participation.
No offence was meant to you or anyone. I wanted more clarification on the issue; more than what meets the eye; and participation from lady members so that there are different perspectives and viewpoint, as this is a complex issue with no unique solution.
Thanks again for taking pains to clarify.
Warm regards.
From India, Delhi
Dear Balraj
first thing is to make it clear that when you were taken in custody by police in April... prior to your arrest you informed about the incident/cause of your arrest to your immediate senior to whom you are suppossed to report... if you have done it then the proper process for the management is to either initiate departmental inquiry or to suspend your job till the result of the case filed by the lady... and depending on the result of the case they can terminate you in case you loose and other wise you will be reinstated on the same post... but it will take time (4-5 years) ... first you do make a representation to your management about the whole incident and assure them that you will follow the orders of the Management in case the decision goes against you but as you have done nothing and the allegations are wrong so till then you be allowed to continue on your job as it is a situation of survival...
after making representation... if the management did not accept your representation... then you need to get support of Lawyer... and i advise you to make the representation also with the help of the lawyer ...
From India, Delhi
first thing is to make it clear that when you were taken in custody by police in April... prior to your arrest you informed about the incident/cause of your arrest to your immediate senior to whom you are suppossed to report... if you have done it then the proper process for the management is to either initiate departmental inquiry or to suspend your job till the result of the case filed by the lady... and depending on the result of the case they can terminate you in case you loose and other wise you will be reinstated on the same post... but it will take time (4-5 years) ... first you do make a representation to your management about the whole incident and assure them that you will follow the orders of the Management in case the decision goes against you but as you have done nothing and the allegations are wrong so till then you be allowed to continue on your job as it is a situation of survival...
after making representation... if the management did not accept your representation... then you need to get support of Lawyer... and i advise you to make the representation also with the help of the lawyer ...
From India, Delhi
May be Mr. Balraj is not officially married, but was he having an affair ?? or live in relation with the lady ?? Normally when a lady that too a divorcee is working, some guys try to take advantage of the situation with some false promises to get married etc., etc. Situation, Sympathy, promises, adorable words makes her to believe them. When the promises are not kept up, with the fear of losing the guy she depended, she might have revealed the secrets. There are such incidences. Mr. Balraj is not my target please, but request the seniors to please focus on the other face also.
No complaint of sexual harassment at workplace was made - may be both were in good terms till then.
If Mr. Balraj is so innocent, why she will take revenge untill he gets into Judicial Custody? Why she was against his marriage ? These things are not easy to prove. Court needs evidences. Many times many things cannot be proved with evidences especially these kind of.
Regards,
From India, Bangalore
No complaint of sexual harassment at workplace was made - may be both were in good terms till then.
If Mr. Balraj is so innocent, why she will take revenge untill he gets into Judicial Custody? Why she was against his marriage ? These things are not easy to prove. Court needs evidences. Many times many things cannot be proved with evidences especially these kind of.
Regards,
From India, Bangalore
Was this one month's long leave communicated directly or indirectly to your seniors? DId your family member(S) try to convey the message on your behalf to the right authorities? Atleast a phone call?
She falsly alleged that
1) You married her 5 years back
2) Now since you are planning to get married to someone, you mean to say she just wishes to hamper that or stain your character by this.
You said she is a divorcee and mother of two children.
Can you let us know the tenure of employment with the company - both yours as well as the lady's.
You said you were in custody of police from 25/04/2013 to 26/05/2013. How can the judge issue you a bail on 20/04/2013 when you were not in police custody that time????
Please proof read and make changes....
Assuming that you meant to say it was 20/5/2013, so since bail was issued on 20th may what you did in the lock up till 26th may???
Secondly, what makes me think is
Just because I go and complain in the police station that I've been married to XYZ for so long and now he don't own me and is trying to get married to someone else, do you think the police will go and arrest Mr.. XYZ???
I will have to first prove that I have been married to XYZ.
Did you ask the police about the arrest warrant or any proofs against you?
Photograph or Marriage certificate or witnesses?
Who signed in front of the registrar to get your marriage soleminized???
or do you mean to say that police were able to keep you in police custody for around a month's long time without any proofs against you???
Please explain the confusion and the gaps....
I think the matter is being escalated in your workplace. You are being terminated for many reasons -
1) Unexplained and uninformed leave for a month
2) Been in police custody for so long (for whatever reasons)
3) A lady is accusing you of marriage.
Think from a company's perspective, a company don't want to keep a person who has a case filed against him. I can understand you're still not proved guilty and hence have equal chances that you're right in your place. But the unexplained prolonged leaves is enough to terminate you. Just check the separation policy in your appointment letter or the consequences of taking unexplained leaves for such long duration in your employment manual.
This is a problem because i believe in your posts ahead you did mention that the letter was sent to you via speed post that bears the date as 30th May which was delivered to you on 31st May. However in the letter the issuance date is 16th may and they asked you to meet them on or before 21st may. here, the case in your favor and you can seek explanation.
Getting regular incentives for your performance is a good thing.
Next, did they mention that they're terminating you on performance grounds? So how does this become relevant.
If we look at this generally, just because a person is a good performer don't define his/her character.
I do not mean to point you out but just a general note that we can't take this argument and it won't work for you.
=============
These arguments are not much valid for the following reasons or counter arguments -
(Please note that following is just a general statement and do not take it personally. I wish to put forth the two sides of the case. I want to be a devil's advocate and present you both pros and cons. Stated below are things that can work against you or arguments against you.)
She may argue that you both fell in love, but both of you knew that there would be complications. So you got yourself married and hid it from families to avoid a scene. It is possible that the female claims that the male promised her that once they get married, he would eventually let his family know about their relationship and would convince them to accept her. But till that time they should live normally as they did. She was waiting for him to convince his parents but now since his family is getting him married, she has no option but to blurt out the truth.
The above statement is one of the possibilities... There may be other things, can't think of it now...
About using the title - Mrs or using the husband's surname, would again like to add that there are many females who do not change their last names after marriage. I have a female colleague who's married but uses her maiden name. My cousin uses her maiden name. You can't have a doubt because of that. A lose factor of argument again. I do not know how legally binding it is to adopt to husband's surname, but increasingly females are not thrashing their maiden name.
Again if you are raising this argument, one will ask why should she bring problems to your marriage? Is there any differences between you two?
Why would any dignified lady claim herself as a wife of any man and too for such long tenure of 5 years????
Any explanations???
From India, Mumbai
She falsly alleged that
1) You married her 5 years back
2) Now since you are planning to get married to someone, you mean to say she just wishes to hamper that or stain your character by this.
You said she is a divorcee and mother of two children.
Can you let us know the tenure of employment with the company - both yours as well as the lady's.
You said you were in custody of police from 25/04/2013 to 26/05/2013. How can the judge issue you a bail on 20/04/2013 when you were not in police custody that time????
Please proof read and make changes....
Assuming that you meant to say it was 20/5/2013, so since bail was issued on 20th may what you did in the lock up till 26th may???
Secondly, what makes me think is
Just because I go and complain in the police station that I've been married to XYZ for so long and now he don't own me and is trying to get married to someone else, do you think the police will go and arrest Mr.. XYZ???
I will have to first prove that I have been married to XYZ.
Did you ask the police about the arrest warrant or any proofs against you?
Photograph or Marriage certificate or witnesses?
Who signed in front of the registrar to get your marriage soleminized???
or do you mean to say that police were able to keep you in police custody for around a month's long time without any proofs against you???
Please explain the confusion and the gaps....
I think the matter is being escalated in your workplace. You are being terminated for many reasons -
1) Unexplained and uninformed leave for a month
2) Been in police custody for so long (for whatever reasons)
3) A lady is accusing you of marriage.
Think from a company's perspective, a company don't want to keep a person who has a case filed against him. I can understand you're still not proved guilty and hence have equal chances that you're right in your place. But the unexplained prolonged leaves is enough to terminate you. Just check the separation policy in your appointment letter or the consequences of taking unexplained leaves for such long duration in your employment manual.
This is a problem because i believe in your posts ahead you did mention that the letter was sent to you via speed post that bears the date as 30th May which was delivered to you on 31st May. However in the letter the issuance date is 16th may and they asked you to meet them on or before 21st may. here, the case in your favor and you can seek explanation.
Getting regular incentives for your performance is a good thing.
Next, did they mention that they're terminating you on performance grounds? So how does this become relevant.
If we look at this generally, just because a person is a good performer don't define his/her character.
I do not mean to point you out but just a general note that we can't take this argument and it won't work for you.
=============
These arguments are not much valid for the following reasons or counter arguments -
(Please note that following is just a general statement and do not take it personally. I wish to put forth the two sides of the case. I want to be a devil's advocate and present you both pros and cons. Stated below are things that can work against you or arguments against you.)
She may argue that you both fell in love, but both of you knew that there would be complications. So you got yourself married and hid it from families to avoid a scene. It is possible that the female claims that the male promised her that once they get married, he would eventually let his family know about their relationship and would convince them to accept her. But till that time they should live normally as they did. She was waiting for him to convince his parents but now since his family is getting him married, she has no option but to blurt out the truth.
The above statement is one of the possibilities... There may be other things, can't think of it now...
About using the title - Mrs or using the husband's surname, would again like to add that there are many females who do not change their last names after marriage. I have a female colleague who's married but uses her maiden name. My cousin uses her maiden name. You can't have a doubt because of that. A lose factor of argument again. I do not know how legally binding it is to adopt to husband's surname, but increasingly females are not thrashing their maiden name.
Again if you are raising this argument, one will ask why should she bring problems to your marriage? Is there any differences between you two?
Why would any dignified lady claim herself as a wife of any man and too for such long tenure of 5 years????
Any explanations???
From India, Mumbai
dear balraj,
only i suggest you. firstly you collect all evidence which prove your innocence.you were terminated due to lady who worked with you. she made false allegation that you married with her five year back of termination. Beside she is mother of two children. how is it possible? a lady have married either with two man or you are father of two children. any more,
2- bank terminated you without memo or notice. if memo is given you after knowing the incidence which happened between you. you were absent on long leave that is without information or unauthorized as per your company. did you inform during this period ? if not? why? you have to give strong reason against it.
3- false allegation was made for you. you collect all evidence that prove blamelessness.as birth date of children,name of children father & etc.
4- if you involved in evil activity. it is better for you don't try to go ahead. if you are not satisfied & think blamelessness. so, you consult with lawyer.
5-if any reason or remark is mentioned on termination letter. you read carefully than take any action.
From India, Bangalore
only i suggest you. firstly you collect all evidence which prove your innocence.you were terminated due to lady who worked with you. she made false allegation that you married with her five year back of termination. Beside she is mother of two children. how is it possible? a lady have married either with two man or you are father of two children. any more,
2- bank terminated you without memo or notice. if memo is given you after knowing the incidence which happened between you. you were absent on long leave that is without information or unauthorized as per your company. did you inform during this period ? if not? why? you have to give strong reason against it.
3- false allegation was made for you. you collect all evidence that prove blamelessness.as birth date of children,name of children father & etc.
4- if you involved in evil activity. it is better for you don't try to go ahead. if you are not satisfied & think blamelessness. so, you consult with lawyer.
5-if any reason or remark is mentioned on termination letter. you read carefully than take any action.
From India, Bangalore
Dear Ankita,
I know being a woman you will always take woman side but in my case I had writing actual fact in my quarry there is any love and other matter and lady is seems some mentally upset and respected High Court Allahabad already stay the case on 1st August.
So please advice on basis of High Court order can i claim my job with my HR with loss of composition.
thanks and regards
Balwant Singh
From India, Noida
I know being a woman you will always take woman side but in my case I had writing actual fact in my quarry there is any love and other matter and lady is seems some mentally upset and respected High Court Allahabad already stay the case on 1st August.
So please advice on basis of High Court order can i claim my job with my HR with loss of composition.
thanks and regards
Balwant Singh
From India, Noida
Dear Balwant,
Grant of stay in the case cannot be claimed as a relief or entitlement to claim your job back with compensation. Final verdict in your favour in the case by the appropriate court of law, can only prove your innocence. Also remember that the case can be contested in Supreme Court by the lady. The onus to prove your innocence lies solely on you. Let us hope for the best.
With regards,
Madhusudan
From India, Vijayawada
Grant of stay in the case cannot be claimed as a relief or entitlement to claim your job back with compensation. Final verdict in your favour in the case by the appropriate court of law, can only prove your innocence. Also remember that the case can be contested in Supreme Court by the lady. The onus to prove your innocence lies solely on you. Let us hope for the best.
With regards,
Madhusudan
From India, Vijayawada
Hello Balraj,
If you'd re-read my post, you'd understand I have taken neither sides...
All I did was the postmortem of your post.... Whatever you wrote, is accepted... And you are proceeding to the court of law to seek justice is the right way.... My post is just to let you know that it is very much possible that people will take it from the female's point of view...
See it is very natural that if a female will scream and shout, the people or passerby will judge the male and not the female....
Same will happen with you irrespective of the genuineness of the case....
Please remember that we need sufficient proofs to set our case and bring out the truth... else be prepared that the decision may be softer on the side of the woman.
Our law is developed to protect women, and unfortunately some females are misusing the laws... I agree to that.... and hence am telling you what arguments will come which you'll have to be prepared for ans answer in order to prove your point...
Wish you luck...
From India, Mumbai
If you'd re-read my post, you'd understand I have taken neither sides...
All I did was the postmortem of your post.... Whatever you wrote, is accepted... And you are proceeding to the court of law to seek justice is the right way.... My post is just to let you know that it is very much possible that people will take it from the female's point of view...
See it is very natural that if a female will scream and shout, the people or passerby will judge the male and not the female....
Same will happen with you irrespective of the genuineness of the case....
Please remember that we need sufficient proofs to set our case and bring out the truth... else be prepared that the decision may be softer on the side of the woman.
Our law is developed to protect women, and unfortunately some females are misusing the laws... I agree to that.... and hence am telling you what arguments will come which you'll have to be prepared for ans answer in order to prove your point...
Wish you luck...
From India, Mumbai
Dear Ankita,
I agreed with your point but in our present social network there is many women misusing the low. if you see in a present time there is so many same case where the female is wrong they are using the male only for her self-seeking. Everything is going Ok if the thing is going as per there requirement but if the situation is not going as per there requirement than they are misusing the woman right. and making such like fake FIR with wrong allegation.
In my case I had written in my true complete story she is saying she had married with me in a temple but she doesn’t have any proof like photos and anybody witness and there is no any medical report of for proof of any phiycal relation and I never go in any temple.
So my only point is being a senior and have a most respectable status you people only can advice because you can only assume the matter you don’t know the actual realty and people are using this side only for your best advice.
regards
From India, Noida
I agreed with your point but in our present social network there is many women misusing the low. if you see in a present time there is so many same case where the female is wrong they are using the male only for her self-seeking. Everything is going Ok if the thing is going as per there requirement but if the situation is not going as per there requirement than they are misusing the woman right. and making such like fake FIR with wrong allegation.
In my case I had written in my true complete story she is saying she had married with me in a temple but she doesn’t have any proof like photos and anybody witness and there is no any medical report of for proof of any phiycal relation and I never go in any temple.
So my only point is being a senior and have a most respectable status you people only can advice because you can only assume the matter you don’t know the actual realty and people are using this side only for your best advice.
regards
From India, Noida
Mr. Blaraj Negi,
Only if you could keep your hatred for women aside whilst reading my post would you realise that I already mentioned the fact - It is sad that few women are misusing the law created to protect women's dignity and her rights...
Secondly.... I had already asked you how is it possible that without any proofs you were in the custody for 1 long month...
I never said you're cooking up the story... I never took the female's side...
I just informed you there are many loop holes in your story... and how would normally such cases be perceived by soceity...
As someone rightly mentioned, the female can seek justice from the supreme court if she's not satissfied by the outcome of the local court / high court...
And I don't think if she has sufficient data to prove what she says, there can't be much things in her favor... All the best...
From India, Mumbai
Only if you could keep your hatred for women aside whilst reading my post would you realise that I already mentioned the fact - It is sad that few women are misusing the law created to protect women's dignity and her rights...
Secondly.... I had already asked you how is it possible that without any proofs you were in the custody for 1 long month...
I never said you're cooking up the story... I never took the female's side...
I just informed you there are many loop holes in your story... and how would normally such cases be perceived by soceity...
As someone rightly mentioned, the female can seek justice from the supreme court if she's not satissfied by the outcome of the local court / high court...
And I don't think if she has sufficient data to prove what she says, there can't be much things in her favor... All the best...
From India, Mumbai
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