The notice period as per agreement signed by you was 3 months from the expiry of agreement or not?
The agreement was signed in lieu of what Extra Ordinary favor by company e.g. some certified course of training etc?
If company did not provide any training the basis and reasonableness of the agreement may not survive.
Any training that is imparted to manage the counters of the employer should be given by employer without any cost to employee.
On what grounds the MD asked to extend the agreement for another 1 year?
It is absolutely the discretion of employee to sign any agreement or not.
Do you have copy and acknowledgment of notice of resignation?
Did you send final notice of resignation (even if by normal post), if yes you can attach the copy again with subsequent communications.
Did company ever issue any communication to you or reply to your communications?
What is this establishment: Commercial, Industrial, Small Enterprise?
The registration certificate might have been displayed near entrance or you have to find on your own.
You were located in which state? In which state you are located now?
Does company have an office at your location?
Redg. office of the company is located in which state?
What is trade of this company: IT, Banking etc…..?
How many people are employed in it?
Do the standing orders apply to the establishment and does the company have its certified standing orders (CSO) and has it been extended to your designation or does the Model Standing Orders apply?
What was your designation and nature of duties…?
Has the company stated in appointment letter that service conditions shall be governed by say…………………..HR policy, service rules and regulations and do you have copy of .HR policy, service rules and regulations?
This info shall help, hence post it, point wise.
>>> The notice period/pay is part of service conditions and is not necessarily dependant upon the T&C inserted by employer in appointment letter drafted by it. Thus notice period of 3 months may not be applicable in your case.
>>> Original Certificates can not be collected as collateral and employer can’t have any lien on these. After the employee has tendered resignation there is no reason and right by which employer can retain the original certificates.
You may demand to supply the acknowledgment of resignation, acceptance of resignation, relieving letter, service certificate, service card, FnF statement (showing payment of Gratuity-bonus-leave encashment-performance bonus-incentives-etc), payment of FnF dues by abnk DD only, Original certificates,form16, PF number and a/c slip of each year, salary slip of each month, NOC/NDC……………………………etc by redg. post only.
There are many threads that you may find relevant e.g;
You may go thru the attachments and many other threads with similar queries e.g;
At Bangalore you can find lawyer’s par excellence.
You may show not ‘The Service Agreement alone’ but job advt, job application, interview call letter, selection letter, offer letter, appointment letter, HR policy/service rules and regulations stated in appointment letter, Certified Standing Orders/Model Standing Orders, notice of resignation, final resignation,all communications exchanged before and after resignation,……………………to a competent and experienced labor consultant/service lawyer-Law firm handling such cases, in person and give inputs so as to find faults with employer and merits in your case……………………………..
You shall need to settle the T&C with your lawyer on your own.