Employer forcing me to be homeless

If you have any document issued to you mentioning Travel to US earlier and now and to withdraw resignation even if by email then quote it and claim that you are not at fault.

Or narrate everything by written representation addressed to good offices of appointing authority, MD mentioning all name s, dates and brief minutes of discussion and raise your demands including considering your notic period ffrom day 1 or waiver or to issue gurantee of US tra el etc...

 

 

 

You may also demdnd accommodation from company.

The notice period applicable to you may not be necessarily 90 days and 

 may not be more than 30 days.

You may consult a Labor Law Consultant.

You have revoked your notice so new notice shall be mandatory.

1.You have withdrawn notice in lieu of a written offer/promise, by a competent official of the company.

 

Since the offer is not fulfilled you have a valid reason to withdraw your notice.

Your observations seem to be valid that it is to retain employee and to inflict notice pay that would be huge for 90 day's Basic/Gross/CTC as stated in appointment letter issued to you.

The conduct of official and HR is bad and unfair.

2.The establishment would be most probably commercial and hence registered under (Name of the state) Shops & Commercial Establishments Act that was enacted to govern the service conditions of employees working in such Establishments.

The notice period is max. 30 days that too depending upon length of service.

The rate of notice period is also defined.

No private policy of the company and no private agreement signed by employer e.g. HR policy/appointment letter/contract of employment  can overrule and supersede enactment s/statue/instrument of law applicable to the establishment.

Hence the notice period/pay  stated in enactment shall prevail.

You may be covered as 'Workman' as in ID Act too and standing orders should be applicable.

 

There would be attempts to subdue you hence approach your Labor Law Consultant /service lawyer and trade unions.

If you are in IT/ITeS sector it also has employee's union s.

Proceed under expert advice of your counsel and ignore  everything else.

Your lawyer that has examined the doc's, inputs, evidence can advice you the best.

Further, can you establish that once arrangements were made the company was bound to send you abroad on their expenses even if the business purpose of the visit was lost.

Subject to notice of resignation you initiated separation process as per internal process of the company.(Download such HR policy /exit policy/Service Rules etc and attach these with next communication by email from personal email I'd/letter thru Redg. Post.) The acknowledgement of notice of resignation, communication to initiate separation, setting of last date in office shall establish that notice/resignation was accepted. The email mentioned by you establishes that acceptance of notice-resignation was withdrawn by company and since it thought it deemed fit it asked you to withdraw separation.If this was not stated in e-mail you may cover it and anything else in minutes.Let your Labor Law Consultant/service lawyer/union leaders now draft your minutes and cover loop holes if any. Keep your interest in front of you and defend your interest.