You have not replied to all points, pointwise.
Did you submit notice of resignation or resignation with immediate effect?
Are you a member of any employee’s/Trade Unions?
Do you have leave policy, HR policy,Service Rules and Regulations,Conduct and Discipline Rules that are mentioned in the appointment letter?
You may also confirm that ‘Did you mention in any of your emails that on dated, you supplied intimation of sickness and leave for……………..days and no one supplied you any communication on sick leave approval and dated…………..when you called office at phone number……………..…………………..Ms………………..designation :HR………………….forced you to submit your resignation with immediate effect.
You should have mentioned as above and thus avoided the claim of notice pay deduction by company?
Forced resignation can be termed deemed termination. And you could lay a claim to notice pay from company. There are IT/ITeS women employee’s/ IT/ITeS employe’s unions and are many trade unions like CITU/INTUC/AITUC/BMS have embraced employee’s from your sector. You can lodge complaint with them. They and your lawyer can build evidence in your favor and they would prefer to stake claim to notice pay of 45 days as mentioned in your appointment letter.
You have posted that:” I have appointment letter and salary statements with me.”
Did the company supply the Salary Slip or not? Salary slip should show the deductions from salary e.g. PF, ESIC and earned wages/OT/Incentive etc? You are covered by Payment of Wages Act and as per Sec;13A of the Act salary slip should be supplied atleast a day before payment of Wages on fixed day as per this Act and Punjab Shops and Commercial Establishments Act. If the employer does not comply it can be penalized.
Did the company obtain any vouchers signed by you? If yes did it provide any copy to you?
Did the company deduct PF,ESIC from salary?
Did the company supply Form16, PF a/c slips, ESIC card or not?
IT company in Chandigarh would be covered by Punjab Shops and Commercial Establishments Act, ( and Punjab Shops and Commercial Establishments Rules) that was enacted to govern the service conditions of employees working in establishments covered by this Act!
You should be covered by the def. of ‘Employee’ as in this Act, and also ‘Workman’ as in ID Act.
The max. notice period as per this Act is 30 days! (No official in Labor Dept. can enforce notice period more than this for employee.)
You can approach:
IT/ITeS women employee’s/ IT/ITeS employe’s / trade unions e.g. CITU/INTUC/AITUC/BMS
Your labor Law Consultant/Service Matters Lawyer/Law firm
Inspector appointed under: Punjab Shops and Commercial Establishments Act at Chandigarh, and ALC-Chandigarh ( ALC-Chandigarh is Labor Commissioner in Chandigarh)…………………the address is available at Dept. of Labor Chandigarh, and get FnF statement, service certificate, relieving letter etc.
Inspector appointed under: Payment of Wages Act (within 1 year of LWD)
For PF: APFC/RPFC, thru nearest PF office
ESIC: thru ESIC office
Form16: Thru ITO-TDS where you were to file ITR, CIT-TDS where company files ITR
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