As offer letter is issued by ABC, salary is paid by ABC you are on contracted employment/association with ABC.
You have posted that;
--“ It also said that the company had discretion of choosing not to ask for serving notice period.”
You have the option not to agitate if company tenders payment of notice period to you.
Otherwise if you have tendered notice of resignation/mentioned effective date of resignation/last day in office your resignation can not be accepted before this date.
Refer to SC Judgment:
Supreme Court of India
Nand Keshwar Prasad vs Indian Farmers Fertilizers ... on 1 April, 1998
“11. After giving our careful consideration to the facts and circumstances of the case, it appears to us that the law is well settled by this Court in a number of decisions that unless controlled by condition of service or the statutory provisions, the retirement mentioned in the letter of resignation must take effect from the date mentioned therein and such date cannot be advanced by accepting the resignation from an earlier date when the employee concerned did not intend to retire from such earlier date. It has also been held by this Court that it is open to the employee concerned to withdraw letter of resignation before the same becomes effective”
Demand from good office of your appointing authority/MD/CEO/Company Secretary, correct FNF statement from your employer company ABC , payment of FNF dues by bank DD only, correct last salary slip, along with service/work experience certificate, relieving letter, Form 16 as per correct FNF statement, PF number/a/c slips for period of service/attested copies of withdrawal/transfer forms for submission by you to PF office by redg post only and mention that a postage prepaid self addressed envelope is enclosed for supplying the reply, documents, payment to you so as to reach you in say next …7 days.
Narrate all representations made by you so far in person, by phone, by email mentioning date, persons contacted, minutes of discussion, etc
If the good offices also do not provide any relief you may approach a competent and experienced labor consultant/service lawyer with copies of all documents and record and you lawyer may ask you a set of structured questions and opine that you fall within the category of workman. Designation alone does not decide employee is a workman or not.
In a given situation employee can invoke the provisions of SE Act, IESO Act, ID Act, Payment of wages Act… etc as per explanation of employee under these enactments.
The company may yield to legal notice of your lawyer or demand notice thru conciliation officer, Inspector under SE Act, Wages Inspector or you may have to appropriate forum.
If ABC is covered under IESO Act/has framed its certified standing orders/ model standing borers then it should pay all wages to the employee on last day in office along with service certificate.
SCHEDULE I
[1][1][MODEL STANDING ORDERS
13. Termination of employment.-- (3) Where the employment of any workmen is terminated, the wages earned by him and other dues, if any, shall be paid before the expiry of the second working day from the day on which his employment is terminated.
16. Certificate on termination of service.--Every permanent workman shall be entitled to a service certificate at the time of his dismissal, discharge or retirement from service.
NOTE. - There is a provision under this Act for issuing a service certificate at the time of dismissal, discharge or retirement and every person is entitled to take such certificate.
You may proceed under expert advice of your lawyer.
--“ I was employed by ABC Consultancy in the first week of July 2012.”
You have termed your relations ship as that of Employer and Employee by using term employed.
“My offer letter from ABC stated that”
Has ABS issued you an appointment letter also after issuing offer letter?
Offer letter is given on selection to selected candidates and appointment letter is given on joining the company. Appointment letter contains service conditions including notice period/pay, designation, emoluments etc…
The offer letter issued to you could be for some contract job as consultant and not a full time employment.
“after 6 months I could be hired as a permanent employee of XYZ,”
Is XYZ some subsidiary of ABC?
What is the association/relationship of ABC with XYZ or control of ABC upon XYZ that it can announce/state in its offer letter that after say….6 months XYZ can/shall employ you.
Does ABC have such a clause in its contract with XYZ or does ABC have a contract with XYZ at all??
If you are not an employee of ABC then it is felt that you may have to approach civil court.
However let the opinion of your lawyer should be the final opinion. Kindly proceed under expert advice of your lawyer.
Valuable advice of learned experts/members is sought.
