What is this establishment: Industrial or Commercial? Company must have displayed the registration certificate near entrance on notice board.
What is the nature of business of this company?
You are in which state and HO/Redg. Office of the company is in which state?
Does the payment of Wages Act, Industrial Establishment Standing Orders Act/Model Standing Orders apply to it? The DLC in O/o Labor Commissioner can confirm it.
Standing orders are applicable to commercial establishments to which Payment of Wages Act applies.
Your state might have issued the notification to this effect.
e.g; Kerala
You may go thru:
https://www.lawyersclubindia.com/forum/Standing-order-mandatory-for-kerala-comm-establishments-85438.asp#.UgIP99KAqWM
If standing orders are not certified Model Standing Orders shall apply.
Employer is duty bound to display the standing orders and employee can ask for a copy.
You may go thru clause: 13, 15,16,17,18...............................
Employer should supply certified copy against nominal charges say Rs.10/.
Employer or anyone can obtain certified copy from certifying officer which may be Dy. Labor Commissioner………………………
If standing orders are applicable then the act of employer can be violative of standing orders.
You may show the standing orders/Model standing orders, appointment letter, notice of resignation/resignation, acceptance of resignation, FNF statement etc to a competent and experienced service lawyer/labor consultant and let your lawyer go thru these: Verbatim and opine on the merits in your case.
Resignation can not be accepted before expiry of notice i.e date of retirement chosen by employee.
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 b y 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.”
Do not remain entangled with line managers and HR. They are not your employer.
They are just another employee in the company.
However if you end up issuing Notice, legal notice, request your lawyers to include their names in the list of noticees…………….
You may escalate the matter ‘Finally’ to good offices of appointing authority, MD, Chairman, Company Secretary……………………..narrate all representation made so far mentioning dates, names of company personnel…………………………….designation……………..dept………………..name of company……..address………………...with brief minutes of discussion and explain your grievance, raise your demands……………….and conclude that you have been approaching office of the company ( Narrate Dates) to complete serving the full notice period and you should have been allowed to serve and collect your pay………………………….. demand a reply so as to reach you in next 7 days by redg. post only……………………………….say in next…………………………7 as or deemed suitable by you.
Submit follow up reminder(s) and raise your demands for the documents (e.g. acknowledgment of notice/resignation, acceptance, work experience/service certificate, relieving letter, NOC/NDC, FNF statement for its checking and acceptance by you, Form 16 as per correct FNF statement….etc) and payments up to effective date of resignation (provide detail) by bank DD only should be supplied to you by redg. post only……………………………….so as to reach you in next 7 days along with PF account slips of all years of service, salary slip of all months. If FNF statement is not correct decline to accept it in writing under acknowledgment.
If Gratuity is included in CTC sheet stake a claim for it and submit FormI……………………..
You may add that a postage prepaid self addressed envelope (as purchased from PO) is attached herewith……………………………..
Based on the reply of the employer you may proceed further under expert advice of your lawyer.
-------If despite the best and sincere efforts good office does not resolve and provide relief, the employee can approach:
Lawyer/Law Firm: A legal notice by lawyer can drill sense into the heads.
Employee should retain access to a competent and experienced labor consultant/service lawyer and proceed under expert advice of his lawyer.
Almost all employer are crafting contracts with T&C inserted into these which are beneficial for the employer but restraining and damaging for the employee………………….
- trade union leaders
Majority of the employees refrain from becoming member of trade unions which is their loss.
Trade unions can negotiate service conditions for the benefit and advantage of employee.
Employers should have ‘Works Committee’ in which representative(s) of the employee are made member and even Chairman……………….
There should be Grievance Redressal Committee in company………………..
Be a member and educate others to form IC, trade union in company and trade……………
-Inspector under Shops and Establishments Act: one of the duties of Inspector is to ensure settlement of dues etc………………
e.g. Delhi Shops and Establishments Act : 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
- Inspector under Payment of Wages Act (applicable to all employees drawing wages as per def. of wages in the Act up to Rs.18000/pm),
2. Definitions.
3*[(vi) "wages" means all remuneration………………………..
(d) any sum which by reason of the termination of employment of the person employed is payable under any law, contract or instrument which provides for the payment of such sum, whether with or without deductions, but does not provide for the time within which the payment is to be made;
-O/o Labor Commissioner:
Time for Payment of FNF dues is max. usual pay day………………
-Civil Court
There are threads to suggest that employee can approach police and lodge criminal complaint under sec 406, 420……………………………….
And to treat the unpaid wages as debt on employer and approach the employer as creditor …………..
e.g;
https://www.lawyersclubindia.com/forum/details.asp?mod_id=72011&offset=1#.Uf-LaNKAqWN
