Termination shown as resignation, done salary adv recovery from my FnF

A.Dear Sir
Please approach the following authority or similar authority in a state

The Office Commissioner of Labour

Section 12 in The Industrial Disputes Act, 1947
12. Duties of conciliation officers.- (relevant section 12(2) of ID Act)

(1) Where any industrial dispute exists or is apprehended, the conciliation officer may, or where the dispute relates to a public utility service and a notice under section 22 has been given, shall hold conciliation proceedings in the prescribed manner.

(2) The conciliation officer shall, for the purpose of bringing about a settlement of the dispute, without delay, investigate the dispute and all matters affecting the merits and the right settlement thereof and may do all such things as he thinks fit for the purpose of inducing the parties to come to a fair and amicable settlement of the dispute.

(3) If a settlement of the dispute or of any of the matters in dispute is arrived at in the course of the conciliation proceedings the conciliationofficer shall send a report thereof to the appropriate Government 1 or an officer authorised in this behalf by the appropriate Government] together with a memorandum of the settlement signed by the parties to the dispute.

(4) If no such settlement is arrived at, the conciliation officer shall, as soon as practicable after the close of the investigation, send to the appropriate Government a full report setting forth the steps taken by him for ascertaining the facts and circumstances relating to the dispute and for bringing about a settlement thereof, together with a full statement of such facts and circumstances, and the reasons on account of which, in his opinion, a settlement could not be arrived at.

(5) If, on a consideration of the report referred to in sub- section (4), the appropriate Government is satisfied that there is a case for reference to a Board, 2 Labour Court, Tribunal or National Tribunal,] it may make such reference. Where the appropriate Government does not make such a reference it shall record and communicate to the parties concerned its reasons therefor.

(6) A report under this section shall be submitted within fourteen days of the commencement of the conciliation proceedings or within such shorter period as may be fixed by the appropriate Government: 3 Provided that, 4 subject to the approval of the conciliation officer,] the time for the submission of the report may be extended by such period as may be agreed upon in writing by all the parties to the dispute.]

A.Dear Client,
While the PoSH Act, 2013 explicitly protects aggrieved women, it provides men with a redressal mechanism to plead their case in the event of a false or malicious accusation. It provides all persons an equal opportunity to be heard, in line with the principles of Natural Justice. Section 14 of the PoSH Act read with Rule 10 of the PoSH Rules deals with the punishment for filing false or malicious complaints by the complainant or any other person who is involved in the conspiracy of filing a False sexual harassment allegation or producing false or misleading documents or evidence. Section 18 of the PoSH Act 2013 gives the respondent the 'right to appeal' against the recommendations or findings of the investigating team of the internal complaints committee. This acts as a deterrent to any false complaints and prevents the misuse of power granted to the internal complaints committee. You can file an appeal to the appellate authority or LCC if you are not satisfied with the findings of the ICC. you may bring the matter to the notice of the District Magistrate or ADM who is designated as the District Officer of the Local Complaints Committee u/s.5 of the Act for redressal of your grievance. A forced resignation amounts to illegal termination/retrenchment and is defined as an industrial dispute under Section 2A of the Industrial Dispute Act, 1947 which also violated the mandatory provision of Sec.25F and 25N of the Act that prescribed certain conditions to comply with by the employer before termination/retrenchment of a workman/employee from the employment. In that scenario, the terminated employee/workman can raise an industrial dispute directly before the Industrial Tribunal/Labor Court concerned for adjudication within three years from the date of termination/retrenchment. So, in the prevailing situation, if you are not holding the position of Manager/Supervisor but a workman as defined u/s.2(s) of the Industrial Dispute Act then after serving a legal notice to the Company, you should raise an Industrial dispute directly before the State Govt. Industrial Tribunal under Sec.2A of the I D Act. Otherwise, in case you are holding the position of Manager/Administrative Officer in the Company, you have to file a civil suit before the Civil Court seeking appropriate relief in the matter. The Hon’ble High Court of Delhi has dismissed a writ petition (Anita Suresh Vs Union of India & Others (C) 5114/2015) filed by the complainant and has passed an order directing the petitioner/complainant to pay a fine of INR 50,000 for filing a false complaint and misusing the provisions of the PoSH Act. In case you need our expert service, feel free to contact our legal team to navigate the issue in the right way.