Company not relieving even after serving notice period

@ Kumar Doab...

Thank you very much for your prompt reply....

I am going to ans all your questions point wise.

1. I do have the copy and acceptance of my resignation and it was addressed to my reporting Store Manager and CC to Regional Hr Head and Area Sales Manager.

2. My appointment letter was signed by National Sales manager. My notice of resignation was replied by Regional Hr head and it was communicated via email and i have it.

3. I have resigned by email from my personal email id and i have mentioned the reason also. The reason being getting a better opportunity.

4. We dont have any Employee/ Trade Union. And my company does not have any GRC.

5. My designation was Fashion Consultant and my duties were to achieve sales target, attend walk in customers and help them with their queries. No one was reporting to me. I used to work in retail store of Nautica. Its a brand and we have stores in shopping malls. I did not have any power to employ,terminate,sanction leave (or recommend) ,grant increment etc.

4. Basic-9297 HRA-3292 Conveyance-800 Medical allowance-1250 Monthly bonus-292 Sales incentive-744 Total-15675- PF ESI PT =14154

5. Yes

6. I am located in Kolkata West Bengal. My H.O. is in Bangalore. There are plenty of people working in my company. I used to work in Arvind Brands Pvt. Ltd.

No idea about CSO 

Its most probably registered as a commercial establishment.

7. Service rules and regulations are attached with my appointment letter only.

No idea about who prepares such rules but my appointment letter was signed by National Sales Manager.

My regional hr head has stated this in email with area sales manager in cc.

8. I have already got my Experience letter and relieving letter from the regional head hr yet they have put my FNF on hold. This is the part im confused as they have already issued me the letters and is it legal to put fnf on hold after releasing an employee.

I have submitted my PF withdrawal form to regional hr head a month back.

I have answered all the questions with best of my knowledge.

Hope you can help me with this.

Thank you in advance.

Regards,

Soumyo Sen

It is still not clear if anyone (be it Regional-HR)  has blocked the payment of FnF wages in writing or not and has any reason for 'Salary/FnF withheld' has been quoted or not?

Or the declinature to pay FnF amounts is verbal and reason for doing so is verbal!

If you have the Proof of dispatch and proof of  delivery of PF forms then you may demand the acknowledgment issued by PF office (for you) to be supplied to you by Redg. Post only. The PF forms are to be attested and submitted to PF office within 5 days.

If you do not have the proof of dispatch/delivery then you may try and obtain confirmation from Regional HR (audio/video/email etc)..............or let him decline to attest the PF forms  in writing.If you have proof you can lodge complaint thru RPFC in nearest PF office (under proper acknowledgment with seal ,date ,signature).

Has the company provided you the salary slip of last month? It has to be supplied at least a day before usual day of payment of wages.

If there is no reason for withhold of salary communicated to you in writing then it can't be withheld.

The employee can lodge complaint the moment payment of earned wages is delayed even if by a day from usual day/date of payment of earned wages and employer may be penalized say Rs.7500/instance.

You can lodge complaint thru/with:

Labor Law Consultant/Service Matters Lawyer/Law Firm

Employee’s/Trade unions

Inspector appointed under: Payment of Wages Act, West Bengal Shops and Commercial establishments Act

o/o Labor commissioner

RPFC

ESIC office

ITO-TDS where you file ITR,CIT-TDS where employer files ITR

and your lawyer may opine that complaint u/s 406,420 can be lodged………………….and winding up petition can be filed……..