You may go thru appointment letter, standing orders of the company, HR policy, severance policy, exit policy and time for FNF settlement might be mentioned in these.
Usually companies quote time of say..30 days.
You have posted that:
--“Company General Manager (HR) asked me for reasons wherein i gave him the same and then after a couple of days he said you are out of the organisation.”
Did he issue any communication in writing?
Has the company issued any acknowledgment of your resignation and acceptance of resignation in writing?
Have you submitted any representation to company based of minutes of discussion with this GM-HR mentioning that he has stated to you that you are no more in employment of the company?
This GM-HR might have updated the discussion in your personnel file. You are probably not aware what documents and comments have been updated in your personnel file.
If company has not issued any communication to you in writing then it is also not clear what is your status as in company’s record resigned or absent or absconded or abandonened???
--“I had joined the organisation last year in the month of November 2011 and resigned due to severe pressure from my boss and the same i have mentioned in my resignation”
Did you resign with immediate effect or did you submit notice of resignation?
If you resigned with immediate effect company might adjust notice pay in FNF statement.
However it is up to you to agitate or not on notice pay as you have resigned citing reasons which are as good as it was not possible for you to continue.
Company could have ideally initiated an in house inquiry.
--“And till today its almost 2 months and my salary for the month of November is held up and my Medical claim from April till November is held up and my TA bills worth Rs 70,000/- is held up for full and final settlement.”
Have you submitted any representation to the company during this period?
You may submit a representation in writing by letter thru redg. post under acknowledgment addressed to the good offices of your appointing authority, MD, Company Secretary and narrate all incidences including discussion with this GM-HR and his comments { quote date, phone numbers etc} that you are out of company and conclude this as acceptance of resignation.
You may enclose copy of your resignation, list of amounts payables by company to you, and request to supply you the acceptance of resignation, correct FNF statement, payment of FNF dues by bank DD, correct last salary slip, form 16 as per correct FNF statement, work experience/service certificate, relieving letter as per correct period of service, PF a/c slips as per correct period of service, payment of gratuity {if you are eligible/gratuity is mentioned in your CTC sheet} by redg. post so as to reach you in say……7days.You may mention that a postage prepaid, self addressed envelope with postage stamps of Rs….affixed on it is enclosed herewith for sending redg. post to you.
You may request to allow you to examine your personnel file, waive off notice pay.
It shall be appropriate to grant an opportunity to good offices and seek relief from them.
If good offices do not grant any relief you may consult elders in the family, competent and experienced well wishers and approach a competent and experienced labor consultant/service lawyer with all record/documents and proceed under expert advice of your lawyer.
Your lawyer may ask you a set of structured questions and opine that you fall within the category of workman. Designation alone does not decide employee is a workman or not.
You may have the option of lodging a complaint with Inspector under SE Act, Payment of Wages Act.. etc.
If the establishment is covered under IESO Act and standing orders are extended to your designation you may invoke the clauses/provisions. If standing orders are not framed model standing orders shall apply and you may invoke
SCHEDULE I
[1][MODEL STANDING ORDERS
Clauses 13,16,17,
Company should pay wages on last day in office and provide service certificate.
If the employee is not a workman he/she may have to agitate in a civil court.
The company may yield to legal notice of your lawyer or demand notice thru conciliation officer, notice of Inspector under SE Act, payment of wages act or the employee may have to approach court of law.
Valuable advice of learned experts/members is sought.
