>>> I appreciate that you have done needful to collect record including audio files. Keep the memory card safely.
I do not appreciate that despite the need, reason, and extra ordinary efforts of employees in your trade and willingness of Trade Unions to embrace employees from your sector, you are not a member of IT/ITeS employees unions, employees unions , Trade Unions like;
https://www.itecentre.co.in/
https://ithiworld.wikispaces.com/News+Update
IT/BPO Voice of India | Facebook
UNITES Professionals
www.unitespro.org
https://www.wbitsa.org/
www.itpfindia.org/
https://itnitesunion.wordpress.com/author/itnitesunion/
Shiv Mahiti Ani Tantradyan Sena(Shiv IT SENA)
mankar.janardan@gmail.com
________________________________________
https://www.shivsena.org
https://www.amrc.org.hk/node/1088 CBPOP
https://www.freepatentsonline.com/article/Indian-Journal-Industrial-Relations/185430721.html
https://bpo.knowledgehills.com/Directory/BPO-Jobs/CBPOP-Centre-for-BPO-Professionals.aspx
https://www.dnaindia.com/mumbai/report-shiv-sena-forms-first-union-in-information-technology-sector-1465435
--- Trade Unions : INTUC, CITU, AITUC, BMS ..................
Advice all of your fellow colleagues, employees, countrymen to build record in such a manner and also to unite, join unions, and keep access to a competent and experienced labor consultant/service lawyer.
This alone is my fee.
Hope you agree.
>>> First of all consult a competent and experienced labor consultant/service lawyer with copies of job advt.,job application, interview call letter, selection letter, offer letter, appointment letter, service rules and regulations/HR policy mentioned in appointment letter, standing orders (certified/model) applicable to the establishment, all communications that you have mentioned in your last post, audio conversations arranged in word file etc , in person and give inputs and understand the merits and also any loopholes that you might have left and let your lawyer structure and remove the defects.
Your lawyer may opine that you shall be covered as ‘Workman’ as in ID Act, as ‘Employee’ as in Delhi/Karnataka/UP Shops and Commercial Establishments Act.
The employee can lodge complaint at his last location, location where company has an office, location of Redg. office of the company, location of jurisdictional courts as sated in appointment letter/contract of employment.
The enactment Delhi Shops and Commercial Establishments Act is so employee friendly.
The Regd. Office was at Delhi and might be still be at Delhi and other locations may be BO/RO /ZO etc.
It is felt that Delhi has not granted exemption from the provisions of Industrial Employment Standing Orders Act to IT/ITeS companies and all IT/ITeS companies are covered by Shops and Commercial Establishments Act .
The notice period as in Delhi Shops and Commercial Establishments Act is 1 month max. and as pert his Act standing orders do not apply the service conditions shall be as governed by this Act.
Moreover 1 month notice period should be sufficient on all counts for the employer to put his house in order.
You may go thru: Delhi Shops and Commercial Establishments Act; Sec: 2 (5,7,8,14,30), 4, 8, 19,20,21,30 (a,b),33,34,35 {35(b) (i) in particular}………………………………and likewise the enactment for other states too.
There are threads to indicate that the Chief Inspector under this Act decided that Notice period stated in this Act shall prevail upon appointment letter e.g;
https://www.lawyersclubindia.com/forum/Employer-not-relieving-employee-contt-89308.asp#.UkP5C9KAqWM
>>> The notice period inserted by employer in appointment letter may not necessarily be legally valid.
There are many threads on it that you may find relevant e.g;
https://www.lawyersclubindia.com/forum/Whether-notice-period-has-to-be-given-during-probation-91808.asp#.UwDFP0eBmXU
https://www.lawyersclubindia.com/forum/details.asp?mod_id=85821&offset=1#.Uf4_JNKAqWM
The HR and employer ought to know that they can not violate law of the land and enactments applicable to the establishment. Then they have their lawyers/legal ell to advice them. They can’t feign ignorance and ignorance of law is no excuse.
Such HR personnel, employers are not fit to be left to loose around in a civilized society.
Act and remove at least one and rest shall reform to saint like individuals.
>>> IT is felt that you have played the game well and you are smart.
YOU may succeed to recover the amounts extracted by coercion, threat, intimidation and also take these good for nothing personnel to task and they should validate their relieving letter and in future they may not play the police, court and realize that private policies of the company are not law unto themselves.
You may approach a Labor Consultant/service lawyer and a lawyer handling criminal cases too.
