What is ABC organization…..an industrial establishment or commercial establishment, Govt or private….?
You are a trainee/probationer/confirmed employee?
If it is registered under SE Act {look for registration certificate near entry/reception/on notice board…} you may go thru SE Act applicable to your state.
e.g. SE Act Delhi; 30. NOTICE OF DISMISSAL
If your company has framed its certified standing orders and has extended it to your designation you may look into these. If IESO act is applicable to your company and certified standing orders are not framed model standing orders shall apply.
13. Termination of employment
The enactments may be available at dept of labor website of your state or you may buy from market.
Your company has stated that notice pay shall be recovered @ Basic+DA.
If your company has stated in appointment letter that it can terminate you by tendering a notice or notice pay in lieu of notice period then you { employee} can also do so.
If you are tendering notice of resignation the effective date of resignation/last day in office/date of retirement shall be communicated by you.
If your company accepts resignation before expiry of notice/ effective date of resignation/last day in office/date of retirement given by you, such action may be termed unlawful…..and in such a case company can not adjust the notice pay from your FNF dues. If company does so the decision of the company may be termed unconscionable/void/unenforceable/inequitable/illegal……violation of standing orders of the company
In such a case you may rather be able to lay a claim on company to pay you notice pay for the shortfall in the notice period.
It is up to you to accept the notice pay or contest the order of the company.
You may approach a competent and ex competent and experienced labor consultant/ service lawyer with copies of appointment letter, standing orders and give inputs in person and proceed under expert advice of your lawyer. Let your lawyer structure your notice of resignation.
it is felt is that you should firm up everything in writing with your next employer before leaving current job and joining next company.
You may write to new employer even if by email and mention that your current employer is unwilling to issue acknowledgment/acceptance of both notice of resignation/resignation, handing over of charge, acknowledgment of company property, acknowledged copy of exit form, last salary slip, FNF statement, Form16, work experience/service certificate, relieving letter and hence you can submit these and can provide only the copy of notice of resignation/final resignation letter sent by you , proof of its dispatch by redg. post and next employer should confirm in writing that it can employ you on the strength of these documents only. And if next employer wants it may dispatch another copy of your final resignation from its office. You may add that you have stated in your notice of resignation that company may adjust/deduct the notice pay.
The next employer may appoint you and ask you to sign affidavit/indemnity that you are not employed elsewhere
