You have posted that:
--“ i send resign letter via- company internal e-mail system by giving a notice period of one month. but while relieving me the director issued me the "terminating" letter and get a signed copy, but not given copy to me,”
What is the reason of termination mentioned in termination letter?
Did you serve full notice period?
After how many days of serving the notice period, the termination order was issued?
Did you mention in any of your representations that you were made/coerced/forced in office premises to sign receiving on one letter with subject line of termination but were not provided any copy despite repeated representations?
In case of such unscrupulous employers employee may not hesitate to produce a carefully drafted/structured letter/representation and claim that it was posted by him {like employers You may enclose the copy of your notice of resignation and final resignation and POD of both and demand original copy of termination order, and reason why you were not issued acceptance of resignation?
You may request that you may be allowed to examine your personnel file maintained by company.
You may approach a competent and experienced labor consultant/service lawyer, and provide copies of all communications/representations, appointment letter and give inputs in person and thereafter submit final representation and issue a legal notice.
--“ 2 months back i sent the p.f form for claim my p.f fund which they filled and returned to p.f office found rejected and returned back to company a month back. but the company is not returning the form again.”
Do you have POD of submission of PF forms to company?
Did the company supply you the acknowledgment issued for your PF forms by PF office?
Company is duty bound to supply it to you. You may submit a representation demanding original acknowledgment and rejected PF forms in original by redg. post only, so as to reach you in next 7 days. You may mention that postage prepaid {as purchased from PO} self addressed envelope is enclosed.
If the employer does not yield to your gentle representations you may submit complaint to APFC in PF office {with a copy to RPFC, Addl. CPFC, CPFC} and thereafter raise RTI application to obtain copy of the acknowledgment and reason for rejection and name/designation/address of PF official who has been deputed to handle your complaint, records checked by him and status report.
Employee may demand attested copies of PF withdrawal/transfer forms from employer and mention that he/she shall submit on his/her own to PF office.
It is felt that company is concealing a lot from you who is an employee of high vintage.
Company may be concealing from other employees.
If you feel you can demand copies of …
----Gratuity:
Did you submit FormI till date, under acknowledgment?
Has the employer supplied any notice to you, for the payment of gratuity? Employer is duty bound to do so and pay in a month’s time.
Has the employer issued any notice/speaking order that your gratuity is being forfeited?
Payment of Gratuity Act, 1972
Section: 4
Payment of gratuity.
(6) Notwithstanding anything contained in sub-section (1), -
(a) the gratuity of an employee, whose services have been terminated for any act, wilful omission or negligence causing any damage or loss to, or destruction of, property belonging to the employer, shall be forfeited to the extent of the damage or loss so caused.
The company has neither issued any notice to employee, nor conducted any transparent inquiry, and has not issued speaking order with reasons stated in sec 4(6) to forfeit the gratuity to the extent of the damage is must following due process of natural justice.
---Leave:
Has the company supplied correct and original FNF statement showing computation and disbursement of all payables including encashment of paid leave , payment of FNF dues, relieving letter work experience/service certificate, Form 16, NDC/NOC, PF account slips of all years, etc.
If not you may demand these by redg .post only so as to reach you in next 7days. You may mention that postage prepaid {as purchased from PO} self addressed envelope is enclosed.
If FNF statement is not correct you may not accept the statement, and rather reject the acceptance in writing and accept the payment under protest only.
