I worked in a MNC bank for 1.5 years as a confirmed employee.
My performance was good and also received bonus during the global recession as per my performance and also got confirmed after 1 year of service.
After 1.5 years of service end of Dec I was asked to resign stating that your position is not funded by US and hence you have to resign or we shall terminate your employement.
I choose to resign and company asked my to resign with back dated letter which was 2.5 months back from the date of resignation.
I agreed to have to co-operate with them being confident of getting another job.
On the exit date, it was a smooth exit and I was given copy of exit letter signed by HR.
One mistake they did with my resignation acceptance letter was that they mentioend current date ( actual date on which I resigned) instead of 2.5 months back date.
After they releasied their mistake started calling me to return the letter bcos they were saving on my 2 months notice salary and year end bonus amount.
Later they started giving wrong feedback to my reference check calls and as such I remained unemployeed for 6 months.
They have not given my releiving letter, Form-16, full and final settlement account copy how ever they transfered some amount to my account (not sure how calculation was made).
I followed up with them to give my Form16 atleast but they are adament that till I return them the Resignation acceptance letter they will not give my Form 16 and releiving letter.
I was unable to file my ITR for AY 2010-2011 this year. I rasised the complaint with Income Tax Department about this and following up with RTI to get them procecuted.
1. Since they have not issued my releiving letter and as such not releived me from my duties I'm assumed to be their employee and as such liable to get the full salary till I'm not released ?
2. I should get 2 month notice salary from actual date of resignation + year end bonus amount ?
3. Since they pressurised me to resigned from back date and date on resignation letter was forces to changed from Dec to Oct are they liable to be procecuted in any criminal IPC ? If yes what ? 406 IPC ?
4. WHat is the process of recovery of my 6 months salary + notice salary + harassment ?