How to file case against IT companies regarding harassment

2009 July 19

I got lots of comment regarding harassment in wipro on my previous post.Most of the people who are working in IT industry dont know how to take an action against these type harassment.I got some useful information from a wipro employee(lk) who are also a victim of wipro’s inhuman strategy.Below is the letter which I got from LK regarding filing a case against Wipro –

For employees of Private Limited Companies there are not many laws that specifically protect employee rights, so one will have to file a harrasment or corporate bullying case in circumstances that are debated on your blog. There are not many lawyers in our country who specialize in such cases and the few that exist charge a higher fee. So the first challenge will be to find a lawyer who is willing to take up such a case.

Any evidence you have to back your allegation will be useful and typically these will be in the form of e-mails and performance appraisals in such corporate bullying cases. I also have recorded phone conversations with my colleagues that might not be considered hard core evidence but it might help strengthen the case.

The first step will be for the victim to take all these evidences and a photo copy of the Appointment / Offer letter and discuss the grounds under which the case can be filed. I have lodged it as a “Corporate bullying” and discrimination case. The lawyer then sends a Legal Notice to Wipro giving them 15 days to respond to the allegations. On receipt of the Notice, Wipro will respond with an Acknowledgement letter. Typically Wipro or the relevant Company is expected to defend itself and revert with a response to the Notice. In my case I received an Acknowledgement of receipt of the Notice but did NOT get a response to my Notice. So I’m going ahead and filing it in Court on June 8th as the Court is not in session until then.

If the company responds to the Notice, it is then left to the plaintiff to decide whether he/she wants to take the case ahead and file it in court depending on the company’s defense. The lawyer will also assist in making this decision.

Once the case is filed in Court, the Defendant (Wipro) is summoned to come to court and the Case taken to closure which will take anywhere from 6 months to 2 years in Indian courts. Ofcourse, if the Media covers the case, judgement is typically expedited!

I will keep yourself and the others on the blog abreast of what’s happening in my case and hope to open up an avenue for employees to address the trauma that large these corporations put them through.

If you want more information, you can reach to LK @ lkwipro@gmail.com.

One Response leave one →
  1. 2009 October 1

    Very nice article!!!

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