company not giving fnf amount

>>> In your PM you have mentioned”

"Since i have not received any reply frm them after one week i have sent an email to them to request them to release my salary because i have a polyp in my colon it needs to removed asap otherwise it will be cancerous " On the very same day they replied me with a new allegation " they said i have done some data fudging and they have valid proof for that and now i have to pay RS 40,000 to them as a recovery amount " 

You were asked to initiate a new thread and post your query in the thread.

>>> You have not mentioned the above details narrated in your PM…………….. in your post in this thread initiated by you.

1.  Did the company level any charge in its termination order sent by email? If NO it might be termination Simplicitor and company could claim that during probation  employer and employee can terminate employment without assigning any reason. However later on demand of payment of wages b you in writing………….company has leveled a serious charge that too criminal and now the termination order may not remain ‘Termination Simplicitor’………….it is stigmatic.Apparently company has not granted any opportunity to tender your explanation before effecting termination and has not granted natural justice. Apparently it has not supplied copy of the complaint it has claimed as made to lawful agencies………………………………Probably you have also not demanded the copies of evidence of data fudging and complaint by the company in writing under proper acknowledgment.

2.  You must AS AP approach a competent and experienced Labor Consultant/Service lawyer alongwith elders of your family………………with copies of job advt., interview call letter, selection letter, offer letter, appointment letter, HR policy/service rules & regulations stated in appointment letter, standing orders (certified/model standing orders applicable to establishment), termination order…………….. all communication/narration of representations and proceed under expert advice of your lawyer. ………………………. Let all of your communications be drafted and structured by your lawyer.

3.  You may go thru Model Standing Orders: Sec13-18.

4.  Whatever your company may claim it shall be covered by standing orders, shops and Commercial establishments Act…………………………………and your lawyer may opine that you shall be covered by def. of ‘Workman’ as in ID Act,’Employee’ as in  shops and Commercial establishments Act…………………………..

5.  The employee’s commit a blunder by not forming unions, becoming members of employee’s unions, trade unions and not creating ‘Works Committee’s in companies…………..

6.  FnF wages are to be paid on last day in office alongwith service certificate………………………or say within 3 days …………..max. within usual pay day. How does company justify 45 days time to make the payment of earned wages.

7.  How the company has arrives at a figure of damages of Rs.40000/…………?

8.  Record all calls/meetings (audio/visual).

9.  Let the caller state in which Thana/cell …………………..cyber crime cell it has registered a criminal complaint……………………

10.    Apply for certified copy of criminal complaint thru RTI.

11.    Your lawyer may opine that you can claim that company has stated untruthful things about you and has become liable for civil/criminal suit of defamation………………………

12.    All employees may join hands and claim that the step taken by company is avoid making payment of earned wages and to blackmail and extort monies from employee’s?

13.    Has it been paying wages on time, depositing PF,ESIC,TDS………………..on time.

14.    Did it make employee’s work for OT and paid OT?

15.     Let your lawyer decide how to and where to lodge a complaint against the employer………………………….amongst employee’s unions, trade unions, police commissioner, Inspector under shops and Commercial establishments Act, O/O Labor commissioner, civil court, criminal complaint etc…………………

16.     YOU should act and get the termination set aside in writing either from employer or from court of law for the sake of your future…………………………..