You are pointing out telling, saying…………which is verbal mode.
Policies are approved documents and in printed version.
Gossip and rumor can not be rules and policies.
Notice period and notice pay in lieu of notice period is usually made part of service conditions and is stated in standing orders of the company, appointment letter and is also stated in
(Name of State.) Shops and Establishments Act.
------You may carefully go thru all manuals of the establishment on service conditions, service rules, exit policy, severance policy etc, appointment letter…………..and refer to the clauses and sections on notice period/notice pay/termination……………..
Imp. point is that you have tendered notice of resignation and management has accepted it before expiry of notice so management has to state the rule/clause/ policy vide which it has the right to accept the resignation before expiry of notice and without tendering notice pay.
Management should always circulate the rules, conditions, policies properly by effective mode of communication and keep these in the knowledge domain of the employee.
Policies are approved documents and in printed version.
Gossip and rumor can not be rules and policies.
Management should not behave like a street magician and produce things from thin air.
If no such policy is mentioned in service conditions, appointment letter it is not applicable to employee.
------- As per various publications teachers are not covered as workman.
You have posted that :
“I was working as a teacher in a private unaided minority school which follows the maharashtra government rules of service and labour. I have completed 7 years of service. “
The school is probably being run for gains and profit and might be covered under:
The Bombay Shops and Establishments Act, 1948
And it might have registered under this Act and if registered it should have displayed the registration certificate near entrance on notice board.
You may go thru its section on:
2. Definitions
CHAPTER VII
Leave with Pay and Payment of Wages
35. Leave;
38. Application and amendment of the Payment of Wages Act.
NOTES
[ЗЗ-С. Application of Maternity Benefit Act for women employees in estabIishment
Notwithstanding anything contained in the Maternity Benefit Act, 1961 (hereinafter in this section referred to as "the said Act"), the State Govern ment may, by notification in the Official Gazette, direct that all or any of the provisions of the said Act or the rules made thereunder shall apply to women employed for wages in all or any of the establishments to which his Act applies, For that purpose, such women employees shall be deemed to be women within the meaning of the said Act. On such application of the provisions of the said Act, аn Inspector appointed under this Act shall be deemed to be the Inspector for the purpose of the enforcement of the provisions of the said Act also within the limits of his jurisdiction.]”
49. Powers and duties of Inspectors.-
55. False entries by employer and manager.
бб.Notice of termination of service……………………………………………. NOTE
S.66 - Discharge of an employee without notice - Relief of reinstatement and back wages -Termination of an employee without notice…………….
{{{{{{ SE Act Bombay which is so employee friendly, that it shall can you and your issues too.
38. Application and amendment of the Payment of Wages Act. (l) Notwithstanding anything contained in the Payment of Wages
Act, 1936, (V ?f
1936)………. the Inspector appointed under this Act shall be deemed to be the Inspector…herein referred to as "the said Act",…….for the purpose of the enforcement of hei provisions of the said Act within the local limits of his jurisdiction.
( Implies that the Inspector under SE Act shall be the Wages Inspector )
[?8 ?. Application of Act VIII of 1923 to employees of establishment.-The provisions of the Workmen's Compensation Act, 1923 (VIII of 1923), and the rules made from time to time thereunder, shall, mutatis mutandis, apply to employees of an establishment to which this Act applies, as if they were workmen within t! meaning of the Workmen's Compensation Act, 1923.
( Implies any employee under SE Act shall be eligible as if he is a workman and can invoke WC Act)
^[??-?. Application of Industrial Employment (Standing Orders) Act to establishments.-The provisions of the Industrial Employment (Standing Orders) Act, 1946, in its application to the State of Maharashtra [(hereinafter in this section referred to as "the said Act"), and the rules and standing orders (including model standing orders) made thereunder from time to time, shall, mutatis rnuimdis, apply to all establishments wherein fifty or more employees are employed and to which this Act applies, as if they were industrial establishment within the meaning of the said Act.
(Implies if company is under SE Act and if it has not framed its standing orders the model standing orders shall apply to all employees. Model Standing Orders are attached. You can also download from Dept. of Labor Maharashtra/Bombay website also. Thus while you can approach Inspector under SE Act you should also be eligible to approach Labor Inspector/ALC.)
{ Model Standing Orders: 3. Tickets, 11. Payment of wages, 13. Termination of employment, 15. Complaints, 17. Liability of 17[employer].--, 18. Exhibition of standing orders.-)
51. Employer [and manager to produce registers, records etc. for inspection.
( Implies that if you lodge a complaint the Inspector can not check all records, your personnel file but can take these to his office. You may obtain certified copies and even peruse RTI route.)
Moreover the Inspector is under obligation report every two months as given in Sec.66}}}}}}}
If you find it difficult to handle the matter on your own, you may approach a competent and experienced lawyer and show all the documents to your lawyer and proceed under expert advice of your lawyer.
The lawyer who has seen all docs can advice you best.
Let your lawyer’s opinion be final on all points discussed in this thread.