You must be having the appointment letter, salary slips, PF number, PF account slips, Form 16 for previous years, ESIC card { if applicable}, copy of your resignation submitting to your Head-HR.If you have you can not be accused of claiming fake experience.
You need to get FNF statement, last salary slip, last PF account slip {or for all years}, acceptance of resignation, work experience/service certificate, relieving letter { quote dates of joining and date of leaving}, form 16 for last year, PF number, attested copies of PF withdrawal/transfer forms, etc…
With proper follow up you may be able to resolve the matter. Remain amiable and have patience. Start the process by writing under acknowledgment to good offices of appointing authority, MD, Company Secretary, and you may quote your employee code number, and enclose copy of your resignation, and narrate the whole incidence and follow up by your wife {quote dates and quote only if correct dates are available with name of company personnel}, and demand all pending docs and FNF settlement. If you have also made some calls, sent emails you may quote the same. Employee must apply exceptional levels of persuasion, persistence, reasoning, negotiation skills and resolve the matter in his favor. Clear the apprehensions of your employer and make the matter crystal clear that you had resigned by handing over the resignation letter to Good office of the company { Head-HR is a good office}with absolute trust and faith in good office and followed up during the notice period { quote all names in line management, HR}, and requested your better half{wife } to represent you which she did and no one claimed from company in verbal or in writing that your resignation letter has not been processed and no communication was ever supplied to you despite follow ups.
You may fine tune your representations as suitable to you and as deemed fit at your end as you are closest to the facts.
It shall be appropriate to show all of your docs to a competent and experienced service lawyer/labor consultant and submit carefully structured representations to good offices.
Relieving letter is issued by the company after all accounts are settled. Hence your FNF a/c should be settled. While you may have to tender notice Pay Company has to disburse salary for the period you have worked, incentives etc, encash paid leave etc.
You may affirm to tender notice pay of 15 days and request to adjust in FNF statement.
In a given situation employee can invoke the provisions of Industrial Employment Standing Orders Act, ID Act, SE Act, Payment of Wages Act…..etc as per explanation of employee under these enactments or approach a civil court.
Designation alone does not decide employee is a workman or not. Your lawyer may opine that you fall within the category of workman or not. If the employee is a workman the choice available to employer is limited.
Even if you are not a workman employer should declare the employee absconding which is misconduct after issuing notices and following the due process which apparently has not been followed.
Employer should communicate with employee thru reliable and effective modes of communication e.g. redg/speed post, telegramme, courier of repute, email { you stand a better chance if your personal email id was in record of employer}.Employer which has not communicated a thing may seek refuge by claiming that letter by ordinary post was sent however it may not cut the ice with courts of law, or lawful authority.
Moreover you have posted that ““I contacted them recently and they claim that they do not have any resignation letter in their record which means I am runaway candidate..”
Implying that the concerned company personnel are guessing and do not have any notice/legal notice/newspaper publication and inquiry report and decision of the company declaring you absconding and hence termination order in your personnel file.
SE Act Bombay:
“S.66 - Discharge of an employee without notice - Relief of reinstatement and back wages -Termination of an employee without notice “
As per Industrial Employment standing Orders Act employer should provide service certificate and payment of due wages on last day in office. You may check if your establishment is covered under the Act and also if the company had its certified standing orders and these were extended to your designation or not. Company should display standing orders at the notice board/near gate and should supply to employee against nominal fee say Rs.10/. If certified standing orders were not framed model standing orders shall apply.
You may find the attachments useful.
If your establishment is covered under SE Act the employer has to maintain all record and registers and thus it should include notice of termination.
SE Act Bombay:
бб.Notice of termination of service.
As per SE Act if employee has not tendered notice of resignation the employer can deduct notice pay.
