You have submitted your resignation by email and have submitted company property apparently without obtaining acknowledgment/receipt. However you have mentioned in your email that you have submitted company property. You should have obtained the acknowledgment. Your CS has given verbal concurrence on acceptance of resignation in office and you could have mentioned it in your resignation letter.
As on date your resignation is not acknowledged or accepted in writing.
The company might have recorded that you are absent and have absconded/abandoned the employment and the allegation leveled on you might be to pass penultimate order of termination and harass you.
It is always better to resign by letter under acknowledgment.
If in your appointment letter during probation period notice period/pay is not applicable there is no need to tender notice period/pay. If the company raises an objection in writing you may clarify by citing the clause of appointment letter.
You are being bothered by threat of complaint in National Skill Registry started by NASSCOM, and email alleging malpractices and legal action which might be taken if you do not report to company.
Employee should record threats {audio/visual} and keep some evidence/witness.
Apply your resources and gather information what misappropriation company has decided to allege and keep your defense ready. Narrate everything to your lawyer and do not conceal anything.
It is felt that you may approach a competent and experienced labor consultant at your location with copy of your appointment letter, standing orders of the company, service rule book/HR policy, copy of resignation; emails etc and submit a structured reply to the email. Your lawyer may ask you a set of structured questions and opine that you fall within the category of workman. Indian Labor Laws limit the choice to employer. Designation alone does not decide employee is a workman or not.
If you attend office you may some witness with you or your lawyer or trade union leader { become a member of one union of your choice}and if possible record {audio/visual} and after attending the meeting submit minutes of discussion.
If the company levels allegation then company has to prove it.
Company has to provide you the opportunity to explain and natural justice.
NSR is for IT/ITES/BPO companies. It is not understood how come an education institute be an IT/ITES/BPO company?
If it is IT company then state of Karnataka has ended the blanket exemption granted to IT companies from IESO Act and all companies may frame certified standing orders within 6 months time and till then Model Standing Orders shall apply. The IESO Act/Model Standing Orders may be available at the Dept. of Labor website of your state or you can buy from market.
SCHEDULE I
[MODEL STANDING ORDERS
13. Termination of employment.—
“workman shall not be terminated as a punishment unless he has been given an opportunity of explaining the charges of misconduct alleged against him in the manner prescribed in Paragraph 14.”
14. Disciplinary action for misconduct
(3) (b) theft, fraud or dishonesty in connection with the employer’s business or property,
[(b-a) In the enquiry, the workman shall be entitled to appear in person or to be represented by an office-bearer of a trade union of which he is a member.
It is also for “Search details of Registered Professionals and Employees” { PDF file attached}. Are you a registered professional/employee?
https://nationalskillsregistry.com/doc/nsrtour-subscribercompanies.pdf
“What are the details that are captured in NSR profile? How are such details used?”
“This fact sheet about each person contains personal, qualification and career information as entered by the person and his/her photograph. Registered professional or a participating company authorised by the professional can order for a verification of this information.”
Thus the professional has to authorize the company to upload his profile. Have you authorized your company?
The union for help of IT/ITES/BPO is:
UNITES Professionals
IT/BPO Voice of India | Facebook
The Indian Headquarters at Bangalore
Prithviraj Lekkad - President, UNITES Professionals India
Karthik Shekhar - General Secretary, UNITES Professionals India
#6/2, 1st Main, Next to Kodava Samaj, Vasanthnagar, Bangalore - 560 052
Phone: + 91 - 80 - 2235 5959 . 4123 5499
Email: contact@unitespro.org / unitesprofessionals@gmail.com
You can contact them for guidance and help.
The need for union of IT sector employees was long felt and you may find the attachment useful. You can get in touch with leaders and seek help.
The notice period is mentioned in service conditions. Service conditions are mentioned in appointment letter, standing orders. Notice period in standing orders shall supersede notice period in appointment letter.
It is also suggested that you may apply your rapport goodwill, and reasoning, persuasion, persistence, and negotiation skills to the exceptional levels and resolve the matter in your favor, by approaching good offices of appointing authority, MD, CS etc. Thus you shall grant an opportunity to good offices and after you have exhausted this option and if good offices do not grant relief you can approach a lawful authority, court of law without any regrets and heartburn to either party.
As you have left after just two months probably the employer and this MD id offended and has decided to teach you a lesson and set excample for others.
The company might be covered under SE Act applicable to your state. You may look into the provisions of SE Act applicable to your state which may be available at the Dept. of Labor website of your state or you can buy from market
e.g. SE Act Delhi:
30. Notice of Dissmissal.
