Employee should always be careful with papers and should always consult elders in the family, competent and experienced well wishers, trade unions, lawyer/law firm……………..on all matters.
You have posted that:
----“ till the end ACT's HR kept my last date as 14th oct 2011”
Is it stated in writing even if by email? If yes send it as an attachment to ACT.
----“ i joined HCL with resignation acceptance letter.”
Resignation is to be accepted from a date and date is to be mentioned in acceptance letter.
Send it as an attachment to ACT.
-----“ when i enquired ACT HR she said they have updated 17th as leave in company database.“
You should have rejected to accept this approach of female HR then and there.
If resignation has been accepted w.e.f 14th there can be no attendance and leave w.e.f. 15th.
If you have not attended office on 15th, 16th, 17th and have not applied for any leave on these days no one other than you can mark attendance or leave on these days.
The HR is not your employer. She is just another employee in the company. If she has committed an error she has to correct with full onus of error on her.
Submit a carefully structured communication to good offices of appointing authority, MD and demand correct relieving letter and service certificate, last salary slip, and FNF statement with correct DOJ and DOL, and demand the copy of service card and Form
(The Inspector under Shops and Commercial Establishments Act of your state at your location can tell you the name for the Form in which attendance and leave record is maintained) too.
Even if company is maintaining digital record and is authorized for self certification as per IT policy of your state (where you are located) the company has to maintain record as per form and formats prescribed under the Act.
-----“ he clearly stated how is it possible that i was an employee of company ACT on 17th oct 2011 and employee of HCL on 17th oct 2011.”
Recruiter is right.
You can not be in employment of two companies on a single day.
This of course amounts to double employment.
In future also this can affect you, during BGV more so if you plan to move abroad and want to apply for a Visa.
You can approach Labor Inspector, Inspector under Shops and Commercial Establishments Act of your state, trade unions, lawyer/law firm…………………….and should peruse the matter till the errors are duly corrected and all written record is provided to you.