shailendra (TSE) 09 September 2013

Company is not providing relieving letter

Hello respected members,

I worked with a BPO company (gurgaon) for 1.5 months(21 June-2012 to 14 Sept-2012).Then due to bad financial condition i resigned there.Now i am selected as an Officer in a Govmnt Bank and Bank-HR is asking for relieving letter from my previous employer.

I have tried to contact my previous employer but no phone number is working,i have mailed but they are not responding,company office is also not there where it was.
I searched on DELHI-MCA site ,it says company is active(file attached) but one of my previous colleague said that company has closed its process in april-2013.

Now please help me to know how to take legal action to get relieving letter.I am living in allahabad(UP),from where i can take legal action allahabad.delhi or gurgaon...
How much time and cost it will take to get relieving letter.And how much is the chances.

Please help me

Thank you

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2 Replies

Kumar Doab (FIN) 09 September 2013

If company has closed then it should have notified o/o Labor Commissioner, DLC-Gratuity, O/o Chief Inspector The Delhi Shops and Commercial Establishment Act……….

{Call Centre Is an Establishment under the Shops & Establishments Act – Delhi High Court 2012

Delhi High Court

Mantec Consultant Pvt. Ltd vs State & Anr on 11 April, 2012

https://www.indiankanoon.org/doc/147071732/}

If company has closed or shifted then it should have notified O/o Chief Inspector The Delhi Shops and Commercial Establishment Act.

You may go thru Sec 5,6,7 of The Delhi Shops and Commercial Establishment Act……….

For FNF and relieving certificate you may refer to;

37. Powers and duties of the Inspector; (b) Duties of the Inspector: (i) that in dispensing with the services of an employee the provision of the Act and Rules have been complied with and no dues payable under the Act or Rules have been withheld;

You may approach the o/o Inspector/Chief Inspector and obtain certification that company has closed.

Or you may trace the promoters and get your issues resolved.

Model Standing Orders

16. Certificate on termination of service.--Every permanent workman shall be entitled to a service certificate at the time of his dismissal, discharge or retirement from service.

NOTE. - There is a provision under this Act for issuing a service certificate at the time of dismissal, discharge or retirement and every person is entitled to take such certificate.

The labor consultants/lawyers/Consultants in Delhi may help you.

Attached File : 706269114 delhi shops & establishments act, 1954.pdf, 706269114 model standing orders industrial employment standing orders rules.pdf downloaded: 83 times

shailendra (TSE) 09 September 2013

Thanks for the reply...
In last para you quoted

"Every permanent workman shall be entitled to a service certificate at the time of his dismissal, discharge or retirement from service."

what if the employee is not permanent..i mean worked there for "one and a half months"..i was not permanent. So do i get exemption to show my relieving letter. Plz find the attachment and help