It is beyond understandinh why should an employee keep personal files in computer at office.
An employee who wants to access some site can do so in cyber cafe or thru computer at home, and should be in a position to afford his hobbies at his expense.
Has the compnay circulated printed version of its so called IT policy to employees.Gossip and rumour can not be rules and policies.
The computers installed in office must be Adminstrator Controlled.
The employee has not applied the files kept on desktop.
If it is a commercial establishment it should have registered under Bombay Shops and Establishments Act ( in short SE Act), and must have displayed the registration certificate near entrance/at reception. The Act is so employee friendly.
“^[??-?. Application of Industrial Employment (Standing Orders) Act to establishments.-The provisions of the Industrial Employment (Standing Orders) Act, 1946, in its application to the State of Maharashtra [(hereinafter in this section referred to as "the said Act"), and the rules and standing orders (including model standing orders) made thereunder from time to time, shall, mutatis rnuimdis, apply to all establishments wherein fifty or more employees are employed and to which this Act applies, as if they were industrial establishment within the meaning of the said Act.
(Implies if company is under SE Act and if it has not framed its standing orders the model standing orders shall apply to all employees. Model Standing Orders are attached. You can also download from Dept. of Labor Maharashtra/Bombay website also. Thus while you can approach Inspector under SE Act you should also be eligible to approach Labor Inspector/ALC.)”
бб.Notice of termination of service.-No employer shall dispense with the
services of an employee…………………..
Provided that, such notice shall not be necessary where the services of such employees are dispensed with for misconduct.[Explanation.-For the purposes of this section, "misconduct" shall include………………………..
S.66 - Discharge of an employee without notice - Relief of reinstatement and back wages -Termination of an employee without notice is bad in law and therefore workman entitled to reinstatement and continuity of service with back wages.
51. Employer [and manager to produce registers, records etc. for inspection.
( Implies that if you lodge a complaint the Inspector can not check all records, your personnel file but can take these to his office. You may obtain certified copies and even peruse RTI route.)
Moreover the Inspector is under obligation report every two months as given in Sec.66
Thus employee can demand and company shall have to supply experience certificate.
Otherwise also company is under obligation to issue service/work experience certificate to employee that has separated by resignation/termination/retirement……………
---------It is not clear what is given by the employee in writing to the company.
Employee should have consulted his lawyer/trade union before submitting anything in writing.
In such matters trade unions are effective and know how to deal with the matter.
In Maharashtra trade unions are active.
The lawyer could have guided the employee.
The employee may approach a competent and experienced labor consultant/service lawyer, trade unions.