Guidance related clause / acts and adevise for legal approch

Sharmakumaru (Querist) 24 September 2014 This query is : Resolved
I am from Burdhman District of West Bengal.
My complaint is against my employer who is having their Cement Grinding Industry in Burdhman district of West Bengal, for not allowing me to enter in to plant premises during officially allowed Notice period after Resignation from the company, for the intension of Insulting me and creating mental harassment.

I have given my resignation vide letter dated 30/Aug/2014 to the company from the post of Manager, on the ground of personal reasons. Infect I had been several times Insulted and harassed mentally by the management and huge delay for the non-payment of monthly salary for almost 3 month (June, July & August, up to 30th Aug 2014).

On the same day of resignation I was communicated by company HRD Manager through email, to serve One month notice period as per terms & conditions of my Appointment Letter, till 30/09/2014. Accordingly I have replied against management communication requesting my full & final payment/ dues clearance by 30th September 2014, i.e. against working days till date of full & final payment. During my notice period working I have received a mail from company HRD manager to avail 18 days balance Leave against additional working days on weekly Off & Holidays from 05/09/14 to 22/09/2014. Accordingly I have taken leave and resumed my balance days of notice period on 23rd Sept’2014, after proper official information to the management.

As per clause of Appointment Letter a Car without Driver was given to me for my Official duty. Same Car was taken back by the Management after 2-3 days of my Resignation and no other transport arrangement was made for me to attend my duty well in time, to make me harassed and Insulted. After availing 18 days balance leaves as per management instruction, again Management is not providing me any Transport to reach plant since last 2 days, no response is being given even after frequent call & message to Chairman, Managing Director & HRD Manager. Management is neither allowing me to enter in to the plant premises to complete balance notice period and nor clearing/ paying my full and final payment. My monthly Salary is due since last 4 months.

I really don’t know what I shall do in this situation. Clause of One month notice period is already mentioned in my Appointment Letter. Even though Management accepted my one month notice period officially through mail, they are not allowing me to enter in to plant premises and not taking my calls to speak and clear for their decision. I am pretty sure; management is not going to pay my balance Salary & dues of last 4 months on completion of Notice period, i.e. on 30th Sept’2014, as they are doing intentionally with other employees who have left them in last 3-4 months.

The second fact is that since several years there is no system in this company to disburse monthly salary well in time, PF deduction from senior staff, submission of income tax and professional tax to tax department from employee’s salary at all. No policy & record of standard Rule & Regulations, Standing Orders are available with the Employer pertaining to Designation, Appointment letter, HR Policy, Government taxes & duties payment.

No Records & register are being maintained for the Attendance, Leave record, Payment of staff, no PF is deducted for company staff and many more illegal acts of government tax, for purchase of raw material and sale of product, especially for nonpayment of Sales Tax & Excise duty etc clearly reveals their complete offense & Negligence on official obligations.

During last couple of years many employees have left company because of misbehave, using Abusing word & mental harassment by top management of Company and non-payment of salary in time.

Kindly please Guide me “What should I do, to approach/ Complaint to government official /authority, especially in West Bengal Estate/ Region, as my employer is not respecting/ following given clause/ condition of Appointment letter and not allowing me to enter in the plant premises during my official Notice period duration, for which Management have clearly issued a confirmation letter through Email.

I also wish to know all legal Acts their code nos for my above mentioned problem, in order to communicate my employer in writing mentioning all rules, regulations & acts of West Bengal Government, to threaten them to stop aforesaid acts.

Kindly also favor by guiding me, to which Office/ Authorities/ Forum of West Bengal should be contacted, if my Employer will not pay my full & final Salary & dues, after resignation & completion of Notice period, as I am not financial strong enough to pay for Legal advice from Advocate/ lawyer.

I will be grateful, If any divine soul/ official/ executive may help, guide & favor me for perfect & legal wayout to solve my aforesaid problem, I will be highly obliged for the same.

Thanks in anticipation

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Devajyoti Barman (Expert) 25 September 2014
File a complaint with Labour Commissioner.

Rajendra K Goyal (Expert) 25 September 2014
Send registered letter with e-mail to the management that you tried to complete your notice period but was not allowed to enter the premises. Since car is withdrawn, you are using taxi for coming to office payment of which is to be reimbursed by the company. Mention the date of your final notice period till that time you would be coming to company and if not allowed to enter the premises it would be responsibility of the company.

Send e-mail each day and take print of the mail. Dispatch copy by speed post.

consult a local lawyer and show him all the documents.