Learned experts/members have given valuable advice. Kindly follow it.
You could have submitted a final resignation as well on last day in office under proper acknowledgment mentioning your latest address for correspondence. If you have not you may submit a copy by post.
Do you have the POD of PF forms, submitted by you? Of no obtain it.
You may submit a final representation addressed to the good offices of appointing authority, MD, Chairman, Company Secretary, with a copy to Head-HR by registered post, narrating the submission of notice of resignation, serving entire notice period, handover of charge, final resignation, and conclude that you have complied with your contractual obligations, and highlight your contributions and achievements, appreciations, awards rewards showered upon you by company.
You may also narrate the representations made by you by phone, emails, letters, in person ( mention date, time, phone numbers, name/address/designation/dept/address of company personnel and brief minutes of discussion/response of company ) and conclude that despite unlimited number of representation costing you heavily company has not fulfilled its obligations.
You may make a separate mention of non submission of PF forms by company to PF office ( enclose copy of POD of forms submitted by you to company) and that company has not supplied you the acknowledgement issued by PF office for you till date and same be supplied to you by redg. post only along with acceptance of your resignation, service certificate, relieving letter, Form 16, FNF statement, payment of FNF dues by bank DD only, NOC/NDC, and any other documents as desired by you, so as to reach you within next say…..7days by redg. post only. You may mention that a postage prepaid ( as purchased from PO) self addressed envelope is enclosed herewith for sending the redg. post to you.
You may also enclose a statement of payables by company to you and payables by you to company if any and demand that company may confirm if any amount is added or deleted from the list and that list is correct.
Relieving letter is issued after employee has complied with the exit formalities and nothing is due against employee. In your case you have conducted proper handover of the charge to the company employee who was available in office, and company ca not hold on to issuance of relieving letter.
If the good offices also do not provide any relief you can proceed against the company in any forum you are eligible to approach and of your choice.
For the PF you cam meet RPFC at your location with two copies of written complaint and copy of POD of PF forms submitted by you and demand that concerned PF office should depute PF employee to get your forms attested, proceed against the company to punish and penalize it. Obtain acknowledgment of your complaint with its diary number. You shall need to have patience and do follow up.
Refusing to submit PF forms is offence. Company shall stand volt faced and deny that PF forms were received by it. So if you have POD it shall serve your cause.
The sub postmaster provides one POD free of cost of redg. post and you can obtain certified copy of run sheet of postman by paying Rs.10/.
You may also mention that you are facing extreme financial hardships.
Unpaid wages can be declared debt on employer.
You may go thru an interesting thread at:
Discussion > Labour & Service Law > Disputes > Delay in full and final settlement payment
https://www.lawyersclubindia.com/forum/details.asp?mod_id=72011&offset=1#.UNRXofLZ1JI
There are threads at LCI initiated by employees/employers showing employees have lodged police complaints under Sec 406, 420 and pulled employers to police stations, and that employees united and published reports in media.
All employees may unite and be witness to each other and lodge complaints with Labor Inspector in o/o Labor Commissioner, Wages Inspector under Payment of Wages Act ( all employees whose wages are up to Rs.18000/pm as per definition of wages in the Act are eligible), Inspector under Shops and Commercial Establishments Act, at your location or location of HO/redg office of company or location of jurisdictional courts as mentioned in appointment letter……….
All of these enactments and contact details of the Inspectors are available at Dept. of labor website of the state. You can also search thru Google and contact thru local o/o Labor commissioner….
All employees must approach their respective community leaders, area councilors, trade union leaders, arrange a crowd and pressurize the police officials to lodge complaint.
-----You may go thru Payment of Wages Act;
Does this company supply pay slip? Employer should and get it signed by employee and maintain record for 3 years.
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.]
5. Time of payment of wages.-
6. Wages to be paid in current coin or currency notes.- All wages shall be paid in current coin or currency notes or in both:
5*[Provided that the employer may, after obtaining the written authorisation of the employed person, pay him the wages either by cheque or by crediting the wages in his bank account.]
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.
------It is felt that Bombay Shops and Commercial Establishments Act is applicable in Gujarat,:
You may go thru its clauses on: Time and conditions for payment of wages, Claims relating to wages, OTICE OF DISMISSAL, WILFULLY MAKING FALSE ENTRIES, ,Duties of the Inspector:………….
One of the duties of Inspector is to ensure 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
Companies post salary in expenses. Inspector can check, collect record from company offices, and call for records in his office…………..and if company has posted false entries, ir can be penalized……..
Bombay Shops and Commercial Establishments Act is so employee friendly, that it can effectively cover your issues.
38. Application and amendment of the Payment of Wages Act. (l) Notwithstanding anything contained in the Payment of Wages
Act, 1936, (V ?f
1936)………. the Inspector appointed under this Act shall be deemed to be the Inspector…herein referred to as "the said Act",…….for the purpose of the enforcement of hei provisions of the said Act within the local limits of his jurisdiction.
( Implies that the Inspector under SE Act shall be the Wages Inspector )
[?8 ?. Application of Act VIII of 1923 to employees of establishment.-The provisions of the Workmen's Compensation Act, 1923 (VIII of 1923), and the rules made from time to time thereunder, shall, mutatis mutandis, apply to employees of an establishment to which this Act applies, as if they were workmen within t! meaning of the Workmen's Compensation Act, 1923.
( Implies any employee under SE Act shall be eligible as if he is a workman and can invoke WC Act)
^[??-?. Application of Industrial Employment (Standing Orders) Act to establishments.-The provisions of the Industrial Employment (Standing Orders) Act, 1946, in its application to the State of Maharashtra [(hereinafter in this section referred to as "the said Act"), and the rules and standing orders (including model standing orders) made thereunder from time to time, shall, mutatis rnuimdis, apply to all establishments wherein fifty or more employees are employed and to which this Act applies, as if they were industrial establishment within the meaning of the said Act.
(Implies if company is under SE Act and if it has not framed its standing orders the model standing orders shall apply to all employees. Model Standing Orders are attached. You can also download from Dept. of Labor Maharashtra/Bombay website also. Thus while you can approach Inspector under SE Act you should also be eligible to approach Labor Inspector/ALC.)
{ Model Standing Orders: 3. Tickets, 11. Payment of wages, 13. Termination of employment, 15. Complaints, 17. Liability of 17[employer].--, 18. Exhibition of standing orders.-)
51. Employer [and manager to produce registers, records etc. for inspection.
( Implies that if you lodge a complaint the Inspector can not check all records, your personnel file but can take these to his office. You may obtain certified copies and even peruse RTI route.)
Moreover the Inspector is under obligation report every two months as given in Sec.66
55. False entries by employer and manager.
58. Determination of employer for the purpose of this Act.
66. Notice of termination of service
The Inspector has to submit the report on complaints every two months.
-------------Model Standing Orders:
11. Payment of wages.—
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.
17. Liability of 17[employer
18. Exhibition of standing orders
All employees should join hands and approach a competent and experienced labor consultant/service lawyer jointly and proceed under expert advice of your lawyer.
Valuable advice of learned experts/members is sought.
