Labour law-ap labour act
AKULA RAJASEKHAR
(Querist) 09 July 2013
This query is : Resolved
Dear Concern,
I am worked with Indiabulls securities limited,Visakhapatnam(Andhra Pradesh) as a Sales Executive up to 7th May 2013. As per Our Hr Policy before one month i have given notice period for resignation that is i.e.on 8th April 2013.,so my last working day in the company is 7th May 2013. I went to office up to my last working day., but while i receive relieving letter in there they are mentioned clearly relieved me on 18th of April. So i lost here 20 days of salary.,i followed as per our HR policy.,but they are not given full salary,they given upto 18th April only?
Regarding this i have mailed to concern department,they are not responded till now. My question is there any chance to put complaint in Labour Court against my Company? We are comes under labours in Ap labour Act.
Regards,
Rajasekhar Akula
9985026994
Kumar Doab
(Expert) 06 August 2013
You have posted that:
-------“so my last working day in the company is 7th May 2013”
If you have worked till this date you are entitled to get wages till this date.
Keep the record of attendance safely with you.
--------“As per Our Hr Policy before one month i have given notice period for resignation that is i.e.on 8th April 2013.,…………….”
Resignation can not be accepted before expiry of notice period………………
Supreme Court of India
Nand Keshwar Prasad vs Indian Farmers Fertilizers ...
“11. After giving our careful consideration to the facts and circumstances of the case, it appears to us that the law is well settled by this Court in a number of decisions that unless controlled by condition of service or the statutory provisions, the retirement mentioned in the letter of resignation must take effect from the date mentioned therein and such date cannot be advanced b y accepting the resignation from an earlier date when the employee concerned did not intend to retire from such earlier date. It has also been held by this Court that it is open to the employee concerned to withdraw letter of resignation before the same becomes effective.”
The company may agree to tender balance payment and issue revised relieving letter.
Do not remain entangled with line managers and HR. They are not your employer.
They are just another employee in the company.
You may escalate the matter ‘Finally’ to good offices of appointing authority, MD, Chairman, Company Secretary……………………..narrate all representation made so far mentioning dates, names of company personnel……………………………..with brief minutes of discussion and explain your grievance, raise your demands………………..the documents and payments (provide detail) by bank DD only should be supplied to you by redg. post only……………………………….so as to reach you in next 7 days along with PF account slips of all years of service.
You may add that a postage prepaid self addressed envelope (as purchased from PO) is attached herewith……………………………..
If despite the best and sincere efforts good office does not resolve and provide relief,the employee can approach:
-Lawyer/Law Firm: A legal notice by lawyer can drill sense into the heads.
-Lawful authority including Inspector under AP Shops and Establishments Act…………..
And o/o Labor Commissioner………………………
And Inspector under Payment of Wages Act…………………
---------“ We are comes under labours in Ap labour Act.’
The provisions of this enactment in AP are so employee friendly and so stringent for employer……………….
You may go thru Sec. 47, 48 ,49, 50, 51, 54………………….68……..
You may claim that employer has willfully made false entries.
