Gurgaon | 23 Jul, 2018 (12 months ago)

Employment and labour laws

Recovery of pending dues after termination when an FIR has also been filed

I was working for an IT company for many years. 1 month back, I came to know that my employer has filed a police complaint against me with allegations of Data theft. When I enquired with management about it, they took my official laptop, forced me to open my personal emails, took screenshots of conversations with personal clients and suspended me for 15 days (without salary) for freelance work that I was doing. In next 3 days, that complaint turned into FIR. After 15 days, when I asked them about the next step they gave me a show cause notice to be replied within 24 hours. I denied all of their allegations and very next day, I was terminated without any experience certificate, pending dues like salary, leave encashment and gratuity. I had a talk with many lawyers and everyone has a different point of view. Some said that I should file a case against illegal way of termination. Some suggested filing a complaint in Labour court for pending dues whereas some are claiming that as my salary is above 1 Lakh so labor court can't help me and some suggested to wait for clean chit from police Please advise what should I do to get my pending dues and experience letter from company
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