You have posted that:
--“Sir idont get any mails and termination letter from my company”
Why your services have been terminated and who has informed you verbally that you have been terminated? What is the charge leveled on you for termination? Has the company conducted any inquiry?
If your services have been terminated company should pay you notice pay, (except if company has not terminated for misconduct as per misconduct defined in policy of the company), and settle FNF dues.
--On Dec 21st you have reported accident and have asked for sick leave.
Did you submit sick leave application with copy of Doctors report advising bed rest?
How are you advised to mark your attendance i.e. on line, in register etc and have you been marking your attendance and submitting your work reports?
Apparently your salary is blocked from November.
You have been reporting to MD but there is no reply.
Have you resigned Form Company and did you submit notice of resignation under acknowledgment?
--First of all prepare sequence of events from the day company has started actions like stopping payment of salary, marking attendance etc….and prepare your points and thus prepare a carefully drafted representation to good offices of MD, appointing authority and preferably send it by redg. post under acknowledgment followed by email, and raise your specific demands. Seek help of elders in the family, competent and experienced well wishers, trade union leaders, lawyer /law firm, to draft your representation, and show them your appointment letter, standing orders of the company if any.
Designation alone does not decide employee is a workman or not.
A competent and experienced labor consultant/service lawyer may ask you set of structured questions and may opine that you fall within the category of workman.
--You may explore merits of your claim under SE Act of the state: Kerala, which is applicable to all employees.
(6)“employee” means a person wholly or principally employed in, and in connection with, any establishment and includes an apprentices;
(7)“employer” means a person owning, or having ultimate control over the affairs of, an establishment and includes the manager, agent or other person acting in the general management or control of an establishment;
18. Notice of Dismissal. (1) No employer shall dispense with the services of an employee employed continuously for a period of not less than six months, except for a reasonable cause and without giving such employee at least one month’s notice or wages in lieu of such notice; provided however that such notice shall not be necessary where the services of such employee are dispensed with on a charge of misconduct supported by satisfactory evidence recorded at an inquiry held for the purpose.
(5)The decision of the appellate authority shall be final and binding on both the parties, not be liable to be questioned in any Court of Law and be given effect to within such time as may be specified in the order of the appellate authority.
26. Powers and duties of Inspectors.
(b) make such inspection of the premises and of any prescribed registers, records and notices, and take on the spot or otherwise evidence of any person as he may deem necessary for carrying out the purposes of this Act; and
--You can also meet Wages Inspector under Payment of Wages Act:
2. Definitions.-
3*[(vi) "wages" means all
(c) any additional remuneration payable under the terms of employment (whether called a bonus or by any other name);
(d) any sum which by reason of the termination of employment of the person employed
is payable under any law, contract or instrument which provides for the payment of such sum, whether with or without deductions, but does not provide for the time within which the payment is to be made;
3. Responsibility for payment of wages.-
4. Fixation of wage-periods.
5.Time of payment of wages.
13A.
Maintenance of registers and records.
5*[13A. Maintenance of registers and records.-(1) Every employer shall maintain such registers and records giving such particulars of persons employed by him, the work performed by them, the wages paid to them, the deductions made from their wages, the receipts given by them and such other particulars and in such form as may be prescribed.
(2) Every register and record required to be maintained under this section shall, for the purposes of this Act, be preserved for a period of three years after the date of the last entry made therein.]
15.
Claims arising out of deductions from wages or delay in payment
Of wages and penalty for malicious or vexatious claims.
The address and contact details of the Inspectors can be obtained from Dept. of Labor website of Kerala or o/o Labor Commissioner.
Employer should also supply the work experience/service certificate/relieving letter, correct FNF statement, payment of FNF dues by bank DD only, Form 16 as per correct FNF statement, attested copies of PF forms for transfer of PF etc…
In such cases it is better to approach a competent and experienced labor consultant/service lawyer.
Valuable advice of learned experts/members is sought.
