If the employer agrees to call back the order of termination, return the original certificates, issue FNF statement, relieving letter, on the spot in writing and if you agree to tender the payment being demanded by the employer that may be a solution.
If it is acceptable to you then you may explore the possibilities.
However still let your lawyer draft and suggest you the communications you should obtain from your employer.
What is this establishment: Industrial or Commercial?
You and redg. office/HO of the company is located in which state?
Do the standing orders (certified/Model) apply to the establishment and does company have its Certified Standing Orders?
Other issues to be explored are whether you would be covered as ‘Workman’ as stated in ID Act or as ‘Employee’ as stated in Shops and Commercial Establishments Act applicable to the state?
Does the notice period during period of probation apply in your case?
Did you sign any bond/service agreement?
Notice period is part of service conditions and is stated in standing orders (Certified/Model) applicable to the establishment and extended to the designation of the employee, statue, Appointment letter/contract of employment…………… and is also stated in Shops and Commercial Establishments Act applicable to the state.
In Shops and Commercial Establishments Act notice period may be NIL for service period of 1.5 months.
If standing orders are not applicable to establishment/employee the service conditions would be governed by Appointment letter/contract of employment…………..
If notice period was not applicable in your case then action of the company is bad………….
If there is a provision of notice pay in lieu of notice period then company could have supplied the FNF statement and asked you to tender payment of FNF dues…………….and termination order should be bad and called back.
If company has claimed loss due to abrupt termination by you in show cause notice you should have replied to it and refuted the charge.
Your silence has fetched you termination order.
You should have replied to the show cause notice by redg. post.
Your lawyer could have drafted your reply.
You have posted that:
----“as per offer they asked me submit original of highest degree,”
Is it stated in offer letter that you need to submit your original certificates?
“but after joining they other documnets too.”
Is it stated in writing, and if yes what is the reason stated for retaining original certificates?
If yes it goes in your favor………………..
The employer may at the most ask to verify the copies submitted by employee with originals and should return the originals on the spot.
------“Yes they had given acknowlegement for documnets they are holding.”
Did you demand in writing (even if by your lawyer’s notice) the originals to be returned to you in same crisp and clean condition as these were collected from you?
If yes has the company replied to your written communications?
If company has not replied to your lawyer’s notice you should have approached the lawful authority (Government authority as named by you) as applicable in your case, before expiry of the notice period as stated in legal notice.
It has already been pointed out that company can not keep the original certificates as collateral.
------“I was in probation period then gave a formal resignation from my official email ID asking to relive me early ASAP,”
The notice period during probation period should ideally be NIL as employee has no lien on employment.
As per Model Standing Orders the notice period during probation period is NIL.
13. Termination of employment: (2) No temporary workman whether monthly-rated, weekly-rated or piece-rated and no probationer or badli shall be entitled to any notice or pay in lieu thereof
If Standing Orders (Certified/Model) are applicable to your establishment and extended to your designation then you may cite it.
If company has its certified standing orders (CSO: extended to your designation) then it shall prevail upon appointment letter. If notice period during probation in CSI is NIL it can not be 1month or so in appointment letter.
If standing orders are but are not certified Model Standing Orders shall apply. The CSO (Model Standing Orders) should be displayed by employer at a conspicuous place/notice period and a certified copy should be supplied to employee against a nominal charge say Rs.10/.
You may demand these from HR/appointing authority/MD………………by redg. post.
If they do not supply you may approach DLC in o/o Labor Commissioner and obtain a certified copy against a set fee say Rs.3/page.
-----“same was accepted by Manager which is as per compnay internal policy too.”
If you have copy of such policy and manager is authorized to accept resignation and you have the copy of the acceptance then the facts are on your side.
You should quote the facts and attach copies.
Thus the show cause notice and termination order should be called back.
------“I had also consulted one Orissa High Court Lawer how even gave notice to company, still they did not reply to advocate notice and in reply gave me show cause notice of leaving the company without undue notice...”
You should have replied to the show cause notice by redg. post.
Your lawyer could have drafted your reply.
The show cause notice seems to be a counterblast/retaliatory/ vindictive action of an adamant/recalcitrant/zealous employer and you should have replied to it.
------“When i asked HR to complete my Full & Final settlement they did not cooperate and asked me huge amount in oral, so i did not find justifibale to stay in company one day also and let them with giving proper notice and communication.”
The huge amount was asked for what and under which head?
If you have separated with proper notice and no notice period is applicable to you as per policy of the company quoted by you then you should stated so in writing……………..
-------“Just to avoid from court cases i remained silent for some time.”
“even gave show cause notice mentioning you are terminated.”
Your silence has fetched you termination order.
Model Standing Orders : 14. Disciplinary action for misconduct:
You have unnecessarily complicated the matter.
You must understand that company has terminated the employment by leveling a charge on you which stands inserted in your personnel file.
Now you have to agitate so that termination order is called back.
The termination order shall continue to affect your future as you must not conceal any facts from future employers private or Govt.
-----“HR did not cooperate and had asked me to serve 2 months notice as per offer/policy.’
So there is a clause on notice period/ notice pay in employment offer/policy of the company.
If you have resigned with proper notice then you have not absconded/abstained/absented………………and in that case company should have adjusted the notice pay in FNF statement, supplied it you, and demanded FNF amounts if any payable by you.
If standing orders (certified/model) are not applicable to you then your T&C of employment shall be covered by service conditions in as stated in appointment letter issued to you and accepted by you. You have already mentioned that notice period is 2 months.
Here again you may have a chance as designation alone does not decide the employee shall be covered as ‘Workman’ as stated in ID Act or as ‘Employee’ as stated in Shops and Commercial Establishments Act applicable to the state(Orissa if it was).
Your lawyer may ask you a set of structured questions and may opine that you shall be covered as ‘Workman’/‘Employee’……………….
Assuming that you may agree to tender notice pay then still the termination order may not be called back.
For FNF statement the company may claim that it has sent the FNF statement by ordinary post and you have not paid the FNF dues.
Another point is that if payment of Wages Act applies to the establishment then standing orders may also apply. Your lawyer can opine on it too.
-----“ Can you please help me how to get my salary and original certifates which help of goverment agencies. The action should not affect my further career and employemnt.”.
‘
If you are covered as ‘Workman’ as stated in ID Act or as ‘Employee’ as stated in Shops and Commercial Establishments Act applicable to the state then you can approach:
-Trade Unions
-Labor Inspector/ALC in O/o Labor Commissioner
-Inspector under Shops and Commercial Establishments Act applicable to the state
And
Inspector under Payment of Wages Act if you were drawing wages upto Rs.18000/pm as per def of wages in the Act.
Or you can approach civil court
Your lawyer may opine that you can approach police as well u/s 406, 420…………
https://www.lawyersclubindia.com/forum/details.asp?mod_id=72011&offset=1#.UNRXofLZ1JI
Some employees by virtue of their position, proximity to their strong community leaders, political leaders, and police may achieve some kind of handle which may help them.
If you have any such handle on your employer you may explore.
However whatever you may contemplate to achieve discuss with elders in the family, lawyer and proceed under expert advice.
Find out from local labor court, your local resources about the competent labor consultants/service lawyers. Many of them may be having very reasonable fee.
You may show the job advertisement, interview call letter, offer letter, selection letter, offer letter, appointment letter, bond, any communication asking you to submit original educational certificates, acknowledgment of certificates, show cause notice, termination order, HR policy of the company etc………………to your labor consultant/service lawyer.
The lawyer that has seen all of your docs and has analyzed your inputs can advice you the best.
