Your boss has issued you acknowledgment of resignation or acceptance of resignation?
Is your boss empowered to accept resignation?
Has the establishment thru its HR/Legal cell etc issued any communication on record that your resignation has only been forwarded by your boss and you have to serve the full notice period?
Is option of notice pay in lieu of notice period been inserted in appointment letter issued to you?
Have you issued communication in writing to adjust notice pay?
Although the company can agree to decline to adjust it against annual leave/EL………………………………
Did you affirm to handover the charge/company property and did the company ask for it before you leave?
However you may by subsequent communications clarify that notice pay is adjusted in FnF statement and correct FnF statement in original be supplied to you Redg. Post for verification and acceptance………………………….and based on acceptance issued to you, you have firmed up your next venture and NOC/NDC, FnF statement showing computation of all amounts payable by employee and employer, payment of FnF wages by bank DD only service certificate, relieving letter, Form16, PF number/account slips, ESIC card etc so as to reach you in say next 7 days by Redg. post only.
Company shall compute in FnF statement all payables by it e.g Leave encashment, Bonus, incentives, earned wages………………..etc and all payables by you e.g. loan, notice pay etc…………………..and determine final payout to by either employer/employee…………………..
Notice period of 90 days may not be necessarily be applicable to you and you may carefully go thru many threads that you may find relevant………………e.g.;
You should now proceed under the expert guidance of an able Labor Law Consultant/Service Lawyer.
