It is good that you have kept the copies of written record.
First of all take your prospective employer in confidence, and submit in writing even if by email to HR/Line managers who have selected you, that your current employer is unwilling to accept your resignation/issue relieving letter and are demanding to serve notice period of 3 months which is not applicable in your case.
And you can not submit the acceptance of resignation/relieving letter, until or unless the current employer issues the same and supplies it to you, hence you can only supply copy of notice of resignation/resignation submitted by you and proof of its dispatch and delivery, and company should employ you on the strength of these documents only.
The new company may agree however if it adds a condition that you have to submit relieving letter within say………..2 months again you shall have issues.
Therefore you should have some document on record and in your favor.
The HR is forcing to service the entire notice period which is 3 months so that the employee loose the new job and the present job also. This might be termed an attempt to extort monies, equivalent to 90 days wages..
You have to handle the issue of BGV as well. The current employer may post adverse comments.
Therefore it is imp. that future employer supports you in all eventualities.
You have posted that:
--------“Now the company is asking me to serve 90 days notice.”
Who has made this statement and is it in writing?
What is the notice period applicable to you during probation?
Relate it with notice period applicable and as stated in appointment letter issued to you and remind that 90 days notice period is not applicable to you.
--------“Company has not been able to show any mail etc that shows my confirmation status.”
If it is stated in appointment letter that service shall be confirmed in writing then your service can not be deemed to have been confirmed until the letter of confirmation is supplied to you and new service conditions post confirmation are accepted by you, in writing.
HR is not your employer. The HR personnel are just other employees of the company.
Subsequent to resignation, you may submit now carefully structured and drafted representations to good offices of appointing authority, MD, Chairman, Company Secretary, mentioning that you have submitted notice of resignation dated………………. and offered to serve notice period of …………………days (effective date of resignation/last day in office being dated…………………) as per clause number……………in appointment letter dated…………….issued to you and that you are willing to handover the charge/company property ( if any) under proper acknowledgment on the spot.
{ If notice period applicable during probation as in appointment letter is say 1 month you may add that notice pay may be adjusted in FNF statement/settlement and acknowledgment of notice be supplied to you immediately and acceptance of resignation, work experience/service certificate, relieving letter, correct FNF statement, Form 16 as per correct FNF statement, payment of FNF dues by bank DD only, NOC/NDC, be supplied to you within close of office hours of dated…………………/last day in office.
You may mention that all communications be supplied to you by redg. post only and a postage prepaid ( as purchased from PO) self addressed envelope is attached for sending redg. post to you.}
You may mention that all tasks on hand have been completed by you/nothing is pending and now onwards routine duties be assigned to you which can be completed within and up to your effective date of resignation/last day in office and you should be informed to whom you should handover the charge., and the concerned employee may be advised (with a copy to you) to issue acknowledgment on the spot.
If the good offices of the company maintain studied silence, or do not provide relief, you have the option to approach trade union leaders, o/o Labor commissioner, Inspector under Shops and Commercial Establishments Act, Inspector under Payment of Wages Act.
You can agitate at your last location, location of HO/Redg. office of the company, location of jurisdictional courts as stated in appointment letter issued to you.
