“because i am new to this city”
Ill informed and ignorant employees who have no one to support in a new city is easy target for such unscrupulous employers.
The employer may use his clout to harass you.
First of all it would be better to ensure that there is some one to support you in the city e.g. trade union, police officials, community leaders, relatives, near and dear ones, friends, good lawyer etc…….Consult elders in the family, and ensure your defense.
Have all employees withdrawn their resignation and are they firm to remain a witness to each other? Are some of them local? If all of you are united employer may offer to conciliate/ compromise.
If you wish to avail the services of LCI lawyer you can conduct search at:
https://www.lawyersclubindia.com/lawyers_search/
Your near and dear ones can also guide you to a lawyer.
The officials of DBA (Dist. Bar Association) can inform you about labor/service lawyers in the city. DBA maintains website also.
It seems that it is a bit late now to withdraw the resignation. Has the employer supplied you the acceptance of resignation? If no it mat be possible to withdraw, however let your lawyer finally opine on it.
Forced resignation can be claimed as deemed termination, and employer may have to pay notice pay.
As per SE Act of some states e.g. AP, employer has to send the copy of appointment letter to Inspector and thus might have to send resignation/termination as well.
“-“(4) Every employer shall give an order of appointment to his employee in the establishment before such employee joins the service and shall also furnish a copy of such order to the Inspector having jurisdiction over the area, within three days of issue of each such order:“”
Sec 47 states:
-“Provided that every termination shall be made by the employer in writing and a copy of such termination order shall be furnished to the Inspector having jurisdiction over the area within three days of such termination.“
As per SE act Delhi Inspector can check whether FNF wages to employee have been disbursed or not….
37. Powers and duties of the Inspector.
COMMENTS
(b) Duties of the Inspector
“(i) that in dispensing with the services of an employee the provision of the Act and Rules have been complied with and no dues payable under the Act or Rules have been withheld;”
41.WILFULLY MAKING FALSE ENTRIES.
43.DETERMINATION OF EMPLOYER FOR THE PURPOSE OF THIS ACT.
If resignation is accepted then employer has to disburse FNF dues after adjustment of notice pay.
You can also meet Wages Inspector under Payment of Wages Act:
2. Definitions.-
3*[(vi) "wages" means all
(d) any sum which by reason of the termination of employment of the person employed
is payable under any law, contract or instrument which provides for the payment of such sum, whether with or without deductions, but does not provide for the time within which the payment is to be made;
3. Time of payment of wages.
13A.
Maintenance of registers and records.
5*[13A. Maintenance of registers and records.-(1) Every employer shall maintain such registers and records giving such particulars of persons employed by him, the work performed by them, the wages paid to them, the deductions made from their wages, the receipts given by them and such other particulars and in such form as may be prescribed.
(2) Every register and record required to be maintained under this section shall, for the purposes of this Act, be preserved for a period of three years after the date of the last entry made therein.]
15.
Claims arising out of deductions from wages or delay in payment
Of wages and penalty for malicious or vexatious claims.
16.
Single application in respect of claims from unpaid group.
Standing orders are applicable to companies to which Payment of wages Act applies.
Model Standing Orders:
11. Payment of wages.--(
13. Termination of employment:
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.
SE Act of your state, address and contact details of o/o Labor commissioner, wages inspector, Inspectore under SE Act, labor Inspector might be available at Dept. of labor website of your state.
You can visit o/o Labor Commissioner and meet Labor Inspector, ALC etc ..
Your lawyer would know how to handle the matter.
Employer should also supply the work experience/service certificate/relieving letter, correct FNF statement, payment of FNF dues by bank DD only, Form 16 as per correct FNF statement, attested copies of PF forms for transfer of PF etc…
Valuable advice of learned experts/members is sought.
