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Complaint against Swiss Company headquartered in Zug,

operating in India for sexual harassment, breach of maternity


act, standing orders, shop and establishment act and illegal
termination.
Sir/Madam,

I am writing to you with great hope that you will help a woman and several women in
distress.

I would like to lodge a formal complaint against M/s. Landis Gyr Limited
operating from C-48, Sector-57, Noida (U.P.) Pin- 201301 (Company
hereinafter) against illegal termination. The brief fact leading to my complaint
are as following:
1. I was offered a position of Manager - HR by the Company vide offer
letter dated 24.12.2015. (Annexure 1)
2. Pursuant to my acceptance I was appointed to the post of Manager HR
(Emp I.D. 5688) vide appointment letter dated 11.01.2016. (Annexure 2)
3. During my tenure as HR Manager I had been appreciate throughout.
4. My reporting manager Fathima Farouk had been seriously reprimanded
by her seniors over the irregularities and illegalities in Company, especially
in HR Department. Few of the irregularities are cited below for illustration
purpose:
a. Non-Compliance to Sexual Harassment of Women at Workplace
(Prevention, Prohibition and Redressal) Act, 2013;
b. Non-Compliance to Maternity Benefit Act, 1961;
c. Exploitation, abuse and harassment of female staff by Mohd.
Ranapurwala (IT Head) and the suppression of their sexual-harrasment-
complaint by Fathima Farouk(Head-HR);
d. Exploitation and denial of maternity benefits to female staff, which
has landed up in Labour Court

e. Illegal termination of employees, i.e. without any notice, enquiry,


show-cause or reason;

5. Undersigned had been discharging the duties of HR Manager and


therefore:
a. had been actively pushing for the formation of Internal Complaint
Committee and the sensitization of the ICC through various
training programmes;
b. Had been advocating for the awareness and publicity of sexual
harassment at workplace;
c. Had been perusing for the smooth disbursement of maternity
benefits to the beneficiaries;
d. Had been soliciting for a proper termination policy, instead of
forcing the employees to resign or terminating them without
following any process;
6. Due to the intimacy between Mohd. Ranapurwala and Ms. Fathima
Farouk, she took the actions of undersigned as a hurdle or impediment to
the Mohd. Ranapurwalas acts of harassing female staff and also on her
acts of terminating employees, denying maternity benefits etc.

7. Fathima Farouk hinted the undersigned on many occasions and has


specially told, We are cash rich Swiss Company, we dont need to follow
shity Indian laws. You dont take them seriously.
8. The misdemeanors of Ms. Fathima Farouk (HR Head, India) had irked the
high authorities in M/S LANDIS GYR LIMITED SWITZERLAND, the parent
company. An inquiry was initiated and Mohd. Ranapurwala and Ms.
Fathima Farouk for their illegal acts.
9. Undersigned was also called-in to depose before the Inquiry Committee.
Undersigned, on the condition of anonymity and immunity, stated the true
facts before the Committee on 26.10.2016.
10. Unfortunately, deposition of undersigned got leaked and Mohd.
Ranapurwala and Ms. Fathima Farouk turned extremely hostile to the
undersigned. Mohd. Ranapurwala unnecessarily started nick-picking th

faults in the work of undersigned whereas Ms. Fathima Farouk turned


cantankerous towards undersigned.
11. Mohd. Ranapurwala and Ms. Fathima Farouk thereafter hatched a
conspiracy to get the undersigned out of their way and to give effect to
that initiated a false/farce inquiry against the undersigned.
a. It is pertinent to mention that out of 254 successful
tasks/offer/joining for most of the tasks undersigned was
complimented.
b. Somehow out of 254 tasks Mohd. Ranapurwala and Ms. Fathima
Farouk picked just 1 task.
c. An enquiry was setup without following any procedure of law.
Undersigned was called and dictated that 1 task had not been up to
the mark.
d. Even the enquiry found nothing against the undersigned and it
concluded that it might have been a judgement slip and no
fault/wrong-doing was attributed to the undersigned.

12. In an extreme, on the basis of enquiry-report, undersigned was served


with first and final warning on 22.12.2016. (Annexure 3)
13. While handing over the first and final warning Ms. Fathima Farouk uttered,
start packing your bags you wont be working here anymore. Mohd.
Ranapurwala also taunted in a mocking manner its my way or highway,
dont you get it.
14. On the very next day, i.e. 23.12.2016, I was wrongfully-confined to a small
room and was coerced to resign. I was not let to move out of the room. I
was bullied and tormented to tender my resignation. On my refusal, I was
handed over a cryptic termination letter. (Annexure 4)
15. I had got the legal notice sent to the company through my lawyer but the
Company has remained unaffected to the same.
16. I was terminated without any show-cause notice, suspension or
opportunity of being heard in gross violation of section 19 and section 20
of U.P Dookan Aur Vanijya Adhishthan Adhiniyam, 1962 and other
applicable laws. Also I was illegally confined in a room.

ALSO DUE TO THE STIGMATIC TERMINATION LETTER, I HAVE BEEN UNABLE


TO GET A JOB IN THE LAST 8 MONTHS AND AM FINANCIALLY NOT IN A
CONDITION TO SUPPORT MY FAMILY AND MY SON.

17. I hereby request you to :


a. lodge a formal complaint in this regard;
b. quash and set aside the illegal termination letter dated 23.12.2016;
c. direct the company to reinstate me along with back-wages and
other emoluments;
d. direct the company to compensate me appropriately for the
harassment, mental agony and trauma I had suffered.

Yours truly

(Diana Sequeira)
W/o Ajay Rathi
R/o 1910 Regalia Heights
Shipra Sun City, Indirapuram, Ghaziabad
Mobile: 9773520051

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