Mr. Mahesh has provided the write up to help you.
You may go thru the last para carefully.
The notice pay as stated in the appointment letter is the minimum employer shall have to disburse.
You may approach the local o/o Labor Commissioner and check if the company has filed for closure.
THE PAYMENT OF GRATUITY (CENTRAL)
3. Notice of opening, change or closure of the establishment:
(3) Where an employer intends to close down the business he shall submit a notice in Form C to the controlling authority of the area at least sixty days before the intended closure.
They will check if the company is closing, lay off or retrenching or circumventing the process, procedure, law……………….. to avoid due pay outs etc……….
The employers do attempt to avoid payment of benefits.
The employees should not shy to approach the authority, lawyer, trade unions………….
In case of lay off the relationship between employer and employee may continue to exist………..
'Redundancy' can be described as the situation where an employer no longer requires employees to carry out work of a particular kind or to carry out work of a particular kind at the same location. Redundancy refers to a job becoming redundant and not an employee becoming redundant.
An employee's position is usually considered to be redundant if:
· an employer has made a definite decision that the employer no longer wishes the job the employee has done to be done by anyone
· that decision is not due to the ordinary and customary turnover of labour
· that decision led to the employee's termination of employment, and
· that termination is not on account of any personal act or default of the employee.
In redundancy situations, the emphasis is upon a 'job' becoming redundant rather than a worker becoming redundant. The words 'when a position becomes redundant' should be given a broad reading and not one that is strictly literal, confining the word 'position' to a 'position with the employer'.
Unfair Labour Practices – Section 25T prohibits unfair labour practices by employer……
Employers resorting to any of the said forms of creating job losses is acting illegally and workers are entitled to receive wages for the period of illegality.