Employer refusing relieving/clearance certificate,lost temporary pass issued by minofdef post resign

Guest (Querist) 12 July 2014 This query is : Resolved
Hello,

I worked with an engg. service provider as a Design Engineer and was deputed at a Defence Site.

Though my employer is based in Gurgaon, I worked at client site, New Delhi, only (October to April 2014). I visited my employer's office only twice (interview & joining). My offer letter does not mentions notice pay though it mentions notice period (1 month). It also mentions that all my original certificates are to deposited which I refused. They tried to convince me (I was unemployed) but finally settled on to deduct 20% salary for 2 months instead. They deducted Employer's share of EPF from my salary as shown by salary slip.

15-10-14 - The client (Defence Directorate) upon joining issued me a Temporary Pass for Contractual Employment, issued by Min Of Defence. Of course after signing some documents which though I am not sure, was perhaps similar to Army Act. I was not given a copy of it.

All of us (non defence personnel) were barred from carrying cell phones inside, which hurt my further job hunt, though there was land-line in office but we were told to access it only in emergency. I used to keep phone in lockers for visitors as everybody else who knew its password including the employees of other firms working in same building.

02-01-14 - When I was going to put my phone there it was seized and I was given a paper (security violation). Some uniformed defence personnel visiting that area and not holding authorized phone pass, were also charged. We collected phones from Defence Security HQ near Rashtrapati Bhawan. From that day on I started keeping phone at a shop nearby.

The client regularly briefed us on significance of the earlier mentioned document, pass & security every month. During meetings some of us (not me) asked our supervisor (another non defence firm's representative) & employer to request the client to grant us a place for a formal safekeeping of cell phones as we used to keep the phones at shops nearby. Supervisor always said the client had denied.

I didn't like the job as it was non-technical copy-paste work (only according to me, not others) and unavailability of cell phone during office hours was hurting my job hunt. I conveyed it to my employer through written self-appraisal. I do not possess a receiving copy of it. I verbally cited this as reason for my unauthorized leave record (20 in 6 months) implicitly to the client also a number of times. Sometimes I informed through SMS (for leave, not the issue).

18-04-14 - Salary of march was finally paid after client pressured employer. No prior intimation of delay. I implicitly told colleagues I am thinking not to work till salary is paid. They told me last year when they did it (in April-13) they were told by client to 'Go Home'.

28-04-14 - SMSd client that due to medical issues I will not visit office.

16-05-14 - I resigned through email to HR, Admin & CEO. Cited health problems as SMSd to client for not being able to resign in-person. Proposed notice period to end on 30-05 OR 15-06-14. Requested to acknowledge and confirm the date of release. Stated I am not in possession of any of company's property. Asked for April's salary. Gave bank account details and address.

In between received call from employer's representative for pass. He told me if unable to visit office courier it at Gurgaon Office. I agreed to do so. When asked him about certificates and April's salary (I worked for some 18 workdays) he said contact Gurgaon office.

30-05-14 - Asked for unpaid salary of April & settelment certificates again.

30-05-14 - HR replied by saying you are continuously absent and received your resign, you have not served notice period. Contact Admin for salary.

30-05-14 - I replied by citing that I have mentioned the notice period in resignation & had asked them to confirm. Mentioned since still having health problems not able to visit office and requested again for salary and confirmation of release date.

31-05-14 - The pass expired(Was valid till 31-05-2014)

10-06-14 - Sent a signed resignation letter to Gurgaon office (The Manager HR & Admin) attaching the printout of email. Additionally requested to consider absence from 28-04-14 till 15-06-14 as leave without pay. Asked for everything (salary, relieving cert.) again by 15-06-14.

In between again a phone call by from employer's representative for pass. Again I agreed. Made my same query again. Same reply.

01-07-14 - Again he called this time I told him I'll deliver the pass (but inform him the date when I will deliver) only if he updates me on salary & relieving issue.

04-07-14 - Admin manager (employer) called (from client location) for pass. He told me the client is furious and contemplating action for the pass. I made my same query. He told me come to Gurgaon we'll talk. I agreed.

5 minutes later I thought what if the pass gets lost during courier or employer doesn't acknowledge the receipt. I called admin back at same no. He had left by then.

04-07-14 - I emailed HR, Admin & CEO stating that pass requires submission only to Security Office (Client Site/HQ). I added that the pass may not be in my possession. Even if it was I can send (by POST/Courier) the document/FIR copy of lost & found, only when EMPLOYER provides me formal acknowledgement of my resignation AND release/NOC/clearance letter through e-mail AND mail (not by phone). They may add the directive regarding submission of the above mentioned document to it.

Added that I forfeit any financial (including salary of month April'2014 and security) or professional claim provided EMPLOYER formally acknowledges the mutual termination of the contract and I wish to communicate with EMPLOYER only through e-mail/mail.

07-07-14 - Hr emailed.

Loosing pass and not reporting its loss is a grave misconduct besides having its legal implications as also reportedly explained to you during numerous telephone conversations.No NOC can be granted by EMPLOYER till you have submitted such an important Defence security document. While we received an email from you about your intentions to resign but such a request is to be followed up with a written and signed letter addressed to EMPLOYER giving due reference to your appointment letter and joining report. This has not happened yet. These actions need to be completed before your resignation can be accepted. As of now you are unauthorizedly absent from your duties with EMPLOYER. You are therefore, advised to immediately locate and return the Defence HQ security pass issued to you. Submission of a loss report and a copy of FIR is bare minimum necessary before EMPLOYER can act on your resignation request.

07-07-14 - CEO emailed.

You may please note that unauthorized holding of MoD identity card or its alteration, destruction or transfer to another person is a penal offence. I would, therefore, request you to attach due importance / urgency to the matter and revert back to us by 09 Jul 13.

08-07-14 - I registered a Loss Report online with Delhi Police. emailed Employer the LR no and way to verify it.

Then in moment of heat ( and in all my infinite wisdom) I committed 'suicide'. Please see at-least page 6-9 of the attached PDF. I cannot reproduce it here.

Please help me in finding a legally binding solution (alongwith the relieving/clearance certificate, NOT at all interested in money) without:

- visiting court
- Client office
- Employer's office

I do not intend to inform my family about this. I'm sole earning member.

I am sure the employer(may be not) and Client (Damn Sure) are contemplating legal action.

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Dr J C Vashista (Expert) 12 July 2014
Too long a query, be precise.
Engage a local lawyer to study, analyse, guide and advise you properly.

Rajendra K Goyal (Expert) 12 July 2014
Consult a local lawyer and sow him all the documents.

ajay sethi (Expert) 12 July 2014
be brief and to the point . summarise your query in 2 short paras .

T. Kalaiselvan, Advocate (Expert) 13 July 2014
a query too long to read. However, to solve your issues, you may consult a local lawyer and proceed as per his advise.