@ Rajesh,
You may post your reply to questions I have posted in my first post to Nimish, also………………….e.g.
How many employees are employed in it?
Has your service been confirmed in writing?
Since how many month’s you are working with this company?
Are you a member of employee's/ Trade Unions?
Do you have copy of HR policy, Service Rules and regulations reference of which is made in appointment letter……………………i.e service conditions shall be governed by ………………..HR policy ,………………… Standing Orders of the company?
Does it issue salary slip, PF a/c number and a/c slips of each year, ESIC card, Form16 etc………..
Did you use to sign on forms/formats for registration of products or some one else signed, implying was your job just clerical?
Usually admin office is redg. under Shops and Commercial Establishments Act. Check carefully.
If it is Industrial establishment standing orders should apply. In Mumbai/Maharashtra standing orders apply if no. of employees is =50 and above even to establishments covered by Bombay Shops and Commercial Establishments Act.................
If standing orders are not certified Model Standing Orders shall apply. As per it during probation notice period is NIL and after confirmation it is 30 days…………………You may go thru Sec9-18.
Designation alone does not decide individual shall be covered by def. of ‘Workman’ as in ID Act, or ‘as ‘Employee’ as in Bombay Shops and Commercial Establishments Act.
If the resignation has not been accepted in writing and in email and by phone ED,HR has posted that “i have to comply to the terms which i have signed at the time of joining the company. i.e 3months notice period” then what does it mean and imply…………………….????
ED/HR want you to serve full notice period……………………in that case it shall claim that you are still on rolls and might be marked absconding……………………with/without any infor to you by effective mode of communication i.e. redg. post……………………….which is misconduct and terminated in record with/without supplying the termination order to you! Hence you should claim that you have properly conveyed your native address while proceeding on leave and for all practical purposes your address is of Mangalore and cause of action would arise at Mangalore…………………………and that you have properly resigned and are not abstaining/absconding/absenting…………………..
If it implies that company wants you to tender notice pay then it should first supply you the acceptance of resignation, and correct FnF statement showing all amounts payable to you e.g. earned wages, leave encashment, bonus, reimbursement, incentives etc……………………………and all amounts payable by you e.g. notice pay……………………..and finally any amount if any payable by you…………………………..then it has to supply you the service certificate, relieving letter, Form16 as per correct FnF statement, PF number and a/c slip of each year of service, ESIC card. NOC/NDC etc………………………..
Hence company should clarify status of your employment and nature of its demand…………………..
Since you proceeded on approved leave {after proper intimation (it is believed that you have submitted proper leave application even if by post…………) and hence you may demand approval…………………..and if required as without pay/and of course recovery of pay from you…………………………} it is believed that NO Tasks re pending……………….and no Handover of charge is required………………………….
Since you are mourning try to get waiver of handover etc as you are unable to come to Mumbai………………….but record it (audio/visual) and then on minutes……………………
It shall be appropriate if you approach a local labor consultant/service lawyer AS AP and proceed under expert advise of your lawyer.
