You seem to have all the documents on record.
Did you handover the charge and company property (if any) under proper acknowledgment? If you were asked not to attend the office then it was job of HR and MD etc to ensure completion of such and exit formalities.
If your resignation was accepted before expiry of notice period/date of retirement (resignation) it is contrary to the judgment delivered by
Supreme Court of India
Nand Keshwar Prasad vs Indian Farmers Fertilizers…..
11. After giving our careful consideration to the facts and circumstances of the case, it appears to us that the law is well settled by this Court in a number of decisions that unless controlled by condition of service or the statutory provisions, the retirement mentioned in the letter of resignation must take effect from the date mentioned therein and such date cannot be advanced by accepting the resignation from an earlier date when the employee concerned did not intend to retire from such earlier date. It has also been held by this Court that it is open to the employee concerned to withdraw letter of resignation before the same becomes effective.
If your resignation was accepted before expiry of notice period/date of retirement (resignation) chosen by you the alternative for the company is to tender notice pay on its own, for the shortfall in notice period.
If the company has not allowed you to work during the notice period, it can not have any financial implications on you. It shall have implication on company.
It is the job of HR to process the FNF statement/settlement in time.
HR is not your employer.
If HR instead of supplying the correct FNF statement to you for acceptance by you is creating nuisance you may charge her by name and escalate to the MD, appointing authority, company Secretary………………………and demand acceptance of resignation by letter, correct FNF statement, Form16 as per correct FNF statement, payment of FNF dues by bank DD only service certificate, relieving letter, salary slips for all month, PF a/c slips……………………etc by redg. post only…………………so as to reach you in next say……………..7 days.
You may add that postage prepaid self addressed envelope ( as purchased from PO) is attached herewith.
If the MD also does not resolve the matter you have the option to issue legal notice and later approach appropriate forum which may be civil court within period of limitation………3Y.
At Delhi you can access lawyers par excellence. Many of the lawyers are expert at mediation, conciliation, arbitration and succeed to resolve the matter in favor of employee.
https://www.lawyersclubindia.com/forum/details.asp?mod_id=70662&offset=2#.UfpLxtKAqWM
Discussion > Labour & Service Law > Disputes > Dispute regarding resignation and notice pay
Your lawyer can clarify if you would be covered as ‘Employee’ under Delhi Shops and Commercial Establishments Act, which is so employee friendly. The companies post payments of salary under expenses and have to maintain record. The Inspector under this enactment can check and call for records, and you may obtain it from the Inspector…………..if the need be………..
You may go thru provisions;
2. Definitions: (7) “employee” means………..
(8) “employer” means………
30. Notice of Dismissal: (a) Applicability of section 30…………………. In the absence of any standing orders or any contract between the employer and the contesting respondent containing any particular terms or conditions, the conditions of service of the employee relating to his employment in an establishment at Delhi are covered by section 30(1) of Delhi Shops and Establishments Act, 1954
33. Records: (a) Particulars and forms of the records required to be maintained under section 33…………………… The register of employment and wages is required to be kept in Form ‘G’ duly bound and pages serially numbered. Where, however, the opening and closing hours are ordinarily uniform, the employer may maintain such register in Form ‘H’ alongwith a separate register of wages…………………
(d) Can an Inspector require an employer to produce the record in his office for
inspection?
35. Inspection of Registers and calling for information.
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;
Some employees by virtue of their position or proximity attain some kind of handle on company/employer and thus succeed in resolving issues in their favor.
There are threads to suggest that employees have been contemplating to file criminal complaint under sec 406, 420……………………………..and also to approach the employer/company as creditors treating the unpaid wages as debt………….e.g;
https://www.lawyersclubindia.com/forum/details.asp?mod_id=72011&offset=1#.UNRXofLZ1JI
Discussion > Labour & Service Law > Disputes > Delay in full and final settlement payment
You may proceed as deemed fit at your end and as advised by your lawyer.
The lawyer hat has seen all of your documents, has analyzed the inputs can advice you the best.
There are many threads that you may find relevant;
https://www.lawyersclubindia.com/forum/Legal-action-against-employer-87161.asp#.UhtnqtKAqWM
https://www.lawyersclubindia.com/forum/details.asp?mod_id=70662&offset=2#.UfpLxtKAqWM
https://www.lawyersclubindia.com/forum/Not-giving-pay-slip-experience-and-pre-leave-certificate-87112.asp
https://www.lawyersclubindia.com/forum/Denied-of-employment-experience-letter-87039.asp#.UhsBnNKAqWM
https://www.lawyersclubindia.com/forum/My-rights-to-experience-certificate-and-relieving-letter-85885.asp
https://www.lawyersclubindia.com/forum/My-company-is-not-giving-me-experience-letter-87033.asp#.UhsCANKAqWM
https://www.lawyersclubindia.com/experts/Full-and-final-settlement-including-pf-withdrawl-417401.asp#.UhtoBtKAqWM
https://www.lawyersclubindia.com/experts/Non-deposition-of-pf-amount-tds-by-employer-418106.asp#.UhtoStKAqWM
https://www.lawyersclubindia.com/forum/Not-giving-pay-slip-experience-and-pre-leave-certificate-87112.asp#.UhtpBtKAqWM
