You have posted that:
-- “& said deposite one month pre-intimation salery bcoz of i taken leave without intimation & after resigned from the job.”
You have explained the precise reason for problems being faced by you.
Such conduct is viewed seriously by companies and a penultimate approach is as in your case is the result.
--“ then i also deposited one month salary against notice period in january month”
You have deposited the notice pay in lieu of notice period.
You should maintain that you had taken leave with permission from VP after explaining him the issue for need of leave.
If you had submitted leave application by post you may produce the copy.
--“ I release my NOC through my workshop staff & other department in november month”
Do you have the copy of NOC as mentioned by you??
Having submitted the company property/NOC/notice pay/resignation letter apparently you have complied to your part of the contract.
However you may show the clauses and sections on Termination/Notice period and notice pay/misconduct in standing orders of the company and appointment letter issued to you, to a competent and experienced labor consultant/service lawyer and proceed under the expert advice of your lawyer.
Did you apply for leave by submitting leave application and was your leave approved on record? Do you have the copy of approved leave?
If you had obtained leave by verbal approval of the VP you should have submitted leave application with comments that on dated……leave was approved by Mr/Ms……designation/dept……address, and retained a copy of the leave application.
If you had extended the leave you should have submitted leave application and retained copy of leave application and proof of dispatch and POD.
If you remained off from office without any approved leave company might have declared you absent/absconding or might have recorded that you have abandoned the employment. However company should have issued communications/notices/legal notice by effective mode e.g. redg. post/advt. in paper before declaring you absconding and before issuing order of termination.
You have posted that “i have not received any satisfactory answer by them.”
What are the answers given by company? Are these responses in writing??
Have you submitted minutes of discussion?
Has the company issued and supplied you the acknowledgment/acceptance of resignation, correct FNF statement, Form 16 as per correct FNF statement, PF number/account slips or pass book/attested copies of PF withdrawal or transfer forms, NOC/NDC for having submitted company property/charge, work experience/service certificate, reliving letter etc…..
If not you may submit a final reminder addressed to good offices of your appointing authority, MD, Company Secretary narrating all previous representations made by you by phone, email, letter , in person (mentioning dates, phone numbers, name/designation/dept of company personnel) and request good offices to intervene and grant relief and supply you the payments by bank DD only and documents by redg. post only. You may mention that postage prepaid ( as purchased from PO) self addressed envelope(s) bearing postage stamps of Rs…..is enclosed for sending reply/payment/documents to you by redg. post.
You may also request to allow you to examine your personnel file maintained at HO of the company and grant an appointment in next say……..7 days.
Abscondment is misconduct and probably company has its internal policy to deny all mentioned above in case of misconduct. You need to find out what exactly has happened.
Does your company have its own trust to manage the Gratuity and PF? If yes you may obtain rules for Gratuity and PF. Or you may refer to Payment of Gratuity Act and EPFO rules.
Is your company covered under IESO Act and has framed certified standing orders and extended it to your designation. If IESO Act is applicable and certified standing orders are not framed Model Standing orders shall apply.
9. Leave, 13. Termination of employment, 14. Disciplinary action for misconduct,
16. Certificate on termination of service, 17. Liability of 17[employer,
18. Exhibition of standing orders.
You can also approach Inspector under SE Act applicable to your state.
e.g. SE Act Delhi:
30. Notice of Dismissal:
(1) No employer shall dispense with the services of an employee who has been in his continuous employment for not less than three months, without giving such person at least one month’s notice in writing or wages in lieu of such notice:
Provided that such notice shall not be necessary where the services of such employee are
dispensed with for misconduct, after giving him an opportunity to explain the charge or charges alleged against him in writing.
(c) Acts and omissions constituting misconduct
20. DEDUCTIONS WHICH MAY BE MADE FROM WAGES.
21. CLAIMS RELATING TO WAGES.
33. RECORDS.
35. INSPECTION OF REGISTERS AND CALLING FOR INFORMATION
41. WILFULLY MAKING FALSE ENTRIES
Gratuity: Immediately Submit FormI to o/o Appointing Authority, MD by redg. post with AD i.e. under acknowledgment. Keep copy and submit copy of the Form and Receipt of Redg. post and POD by email.( You may mention that you have been clamoring to get your gratuity, and have been requesting to send you the requisite forms and guidelines.)
Obtain POD from PO (free certified copy of internet generated report under seal and signature of Post master and certified copy of run sheet of Post Man against a fee of Rs.10/)
Submit a copy of FormI with its POD under acknowledgment to Controlling Authority of Gratuity which may be DLC at your job location.
Refer to Payment of Gratuity Act:
Section: 7
Determination of the amount of gratuity.
(1) (2) and (3)
(It is felt that your employer has neither supplied any payment nor issued and supplied any notice to you.)
Bonus: Are you referring to the statutory bonus?
Submit your request for Payment of Bonus and based on response of the company you can approach o/o Labor Commissioner.
If it is some other bonus say performance bonus you may submit your request under proper acknowledgment.
Leave Encashment: is disbursed vide FNF statement which is probably not issued and supplied to you.
You may also approach Inspector under Payment of Wages Act:
3*[(vi) "wages" means
(d) any sum which by reason of the termination of employment of the person employed
is payable under any law, contract or instrument which provides for the payment of such sum, whether with or without deductions, but does not provide for the time within which the payment is to be made;
Designation alone does not decide employee is a workman or not. Your lawyer may ask you a set of structured questions and may opine that you fall within the category of workman or you may get some relief under SE Act/IESO Act/ID Act or you may have to agitate in civil court.
Let your lawyer draft and structure your representations to good offices of your appointing authority, MD, Company secretary…
If the good offices do not grant relief you can agitate in appropriate forum under expert advice of your lawyer.
