The committeement to serve the company for period of 2Y or pay compensation is in lieu of which special favor and expense by the company?
Has company provided any highly specialized training and incurred expenses and which added to some exceptional skills and qualification of the employee?
If no then the claim of the company may not stand test of law.
This may be the reason that company is not replying in writing to you.
Is it stated in appointment letter that if employee is sick/absent due to sickness employment can be terminated by employer?
If employee is sick and need treatment and medical attention employee can terminate the employment.
The standing orders applicable to the company (Certified/Model) and extended to the designation of the employee shall prevail upon on any private agreement that employer has signed with employee. The committement cited by you may be in violation of standing orders.
Your company has strength of employee>50 and as per laws applicable in your state standing orders might be applicable to the establishment.
For application of standing orders an establishment need not be a factory alone.
IT companies are covered under Shops and Commercial Establishments Act of the state.
The work experience/service certificate should be supplied to all employees.
Employer should provide acknowledgment of notice of resignation and issue the guidelines as per wishes of employer on exit formalities, and thereafter should provide acceptance of resignation, work experience/service certificate, relieving letter, FNF statement for verification and acceptance by employee, payment of FNF dues/wages, form 16 as per correct FNF statement, PF number/account slips of entire tenure of service/attested copies of PF withdrawal-transfer forms, Notice of determination Gratuity, NOC/NDC...........................................etc
Demand to supply you the certified copy of service rules, HR policy, service conditions (standing orders: certified /model) applicable to the establishment, exit/severance policy, FNF policy and any other policy, service codes and regulations applicable to the employee at once by redg. post so as to reach you in next say......................7 days and affirm to pay the reasonable charges if any, company wants you to pay.
Employee can demand all of these to be supplied by redg. post and you may add that postage prepaid, self addressed envelope is attached wherewith for sending the redg. post to you.
Do not forget to mention that when you left no task/assignment was pending at your end and you have already affirmed to handover the company property/charge if any with you.
Has the employer supplied last month salary and salary slip?
If No then it must have not paid the contributions of PF,ESIC, group insurance etc also......................................and must have not deposited TDS.
The time and day of payment of wages is fixed and the employee can lodge a compliant the minute wages are not paid and delayed even if by a day. The employer can be fined Say Rs.7500/per instance..............................
You may without any hesitation approach your labor consultant/service lawyer with copies of all docs and give inputs in person. The lawyer that has seen all of your docs and has analyzed the inputs can advice you the best.
The legal notice by your able lawyer can drill sense into the heads.
The company may not yield till it realizes that it has to yield now.
IN the meantime you may go thru the attachments.