What is the notice period stated in appointment letter issued to you?
Were you under probation period or confirmed in writing?
What was the charge/misconduct levied on you?
Ideally notice period during probation period should be NIL as employee does not have lien on employment during probation period.
The employer is expected to dispatch such communication of termination by effective mode of communication e.g. redg. post , speed post , email.....!!
Before stopping to attend office you could have written under proper acknowledgement that your employment has been terminated without any notice on dated...........................by Mr/Ms....................designation.......................in office address..........................................and you the office order with notice pay in lieu of notice period for termination, FNF statement for verification and acceptance, PF number, PF a/c slip, Form 16, salary slips of months....................service certificate, relieving letter, ESIC card, payment by DD of amounts for which cheue number..................dated...........of Rs..................draw on bank........................which was for salary of month................should be supplied to you by redg. post only.
You had the opportunity to issue notice for cheque bounce under NI Act, lodge police complaint etc..........
Notice period is part of service conditions and is stated in standing orders applicable to the establishment and extended to the designation of the employee.
The terms and conditions of employment inconsistence with the Standing Orders would not survive.
Standing orders shall prevail upon any private agreement that employer might have signed with employee e.g.; appointment letter, contract of employment......................
https://www.lawyersclubindia.com/experts/Standing-orders-442266.asp#.UtYlMdIW1MB
https://www.lawyersclubindia.com/experts/Standing-Orders-426366.asp#.UrKmL9IW1MA
https://www.lawyersclubindia.com/forum/Need-to-understand-the-notice-period-law-95837.asp#.UuPWP9K6aXZ
Model Standing Orders:
13. Termination of employment: .--(1) For terminating employment of a permanent workmen, notice in writing shall be given either by the employer or the workmen - one month’s notice in the case of monthly-rated workmen................
(2) No ........................ probationer ..................... shall be entitled to any notice or pay in lieu thereof
17. Liability of 17[employer].--The [employer] of the establishment shall personally be held responsible for the proper and faithful observance of the standing orders.
18. Exhibition of standing orders.--A copy of these orders in English and in Hindi shall be pasted at [*****] and on a notice-board maintained at or near the main entrance to the establishment and shall be kept in a legible condition.
Notice period/pay is also stated in U.P. Dookan aur Vanijya Adhisthan Adhiniyam, 1962 (Uttar Pradesh Shops and Commercial Establishment Act).
https://labour.up.nic.in/labourcommissioner/dookan62.htm
19. Discharge of employee by his employer............
.—(1) No employee, other than an employee engaged for a specified period or in a leave vacancy, shall be discharged from service by his employer except on the ground that—
(a) the post held by him has been retrenched; or
(b) he is unfit to perform his duties on the ground of physical infirmity or continued ill-health, and he has been served with a notice in writing containing the grounds of discharge. The notice shall be for a period of not less than thirty days, or such longer period as may be required under the terms of employment:
Provided that the notice of discharge may be of a shorter period if the same is accompanied with payment of wages to the employee for the number of days the notice is short of the required period.
Nothing in sub-section (1) shall apply to dismissal for misconduct.
Designation alone dos not decide employee is covered as ‘Workman’ as in ID Act and as ’Employee’ as in
Shops and Commercial establishments Act.
Your lawyer may opine that you are covered and standing orders are applicable to your company and you.
If you are not covered then the service conditions as in appointment letter, service cods and regulations of the establishment may be looked into.
- 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 )
-Inspector under UP Shops and Commercial Establishments Act; If the establishment is commercial
-o/o Labor commissioner
- RPFC for PF
-ITO-TDS where employee files ITR and jurisdictional CIT-TDS where employer files ITR.
-ESIC Inspector
-Civil Court.
-Lawyer/law firm: A legal notice can help to drill sense into the heads. You may request your lawyer to include the HR personnel, , CEO, Chairman, MD in list of noticees............
Designation alone does not decide employee is covered as ‘Employee’ as in Shops and Commercial Establishments Act, and ‘Workman’ as in ID Act....................
Your lawyer may ask you a set of structured questions and may opine that you are covered.
-Trade Unions/ Employees Unions: They know precise ways to handle such issues
>> There are threads to indicate that employees contemplate to file criminal complaints u/s 406,420.............................and approach employers as creditors treating unpaid wages as debt on employer..................
https://www.lawyersclubindia.com/forum/details.asp?mod_id=72011&offset=1#.UNRXofLZ1JI
Approach a competent and experienced labor consultant, show all docs on record and proceed under expert advice of your lawyer.
