The query and details posted by you are not very clear.

You may seek advice of elders in the family, competent and experienced well wishers, trade union, and employee’s groups/forums/IC/guild/union, lawyer/law firm to simplify the matter first and point out the specific issues.

An attempt is being made to address the points as much could be understood.

The state of Karnataka had ended the blanket exemption granted to IT/ITeS companies and all companies were directed to submit their draft standing orders by Dec12 for certification by Mar13.

All IT/ITeS companies are covered under Karnataka Shops and establishments Act.

The Notice period as stated in the Act at section:

39: Notice of Dismissal: is 1 month if period of employment is >6 months.

The employee can approach Inspector under this Act, and O/o Labor Commissioner if the need be……………………………….The latest version of the Act and  contact details of officials would be available at the Dept. of Labor website of Karnataka.

The higher notice period is obviously for the benefit of employer.

What is the notice period stated in standing orders of the company and appointment letter issued to you and what is the notice period tendered by you in notice of resignation?

The charge is handed over to HOD or employee designated as replacement by o/o appointing authority or competent official……………………….within and up to expiry of notice period (date of retirement chosen by employee)/ last day in office……………

On receipt of the notice company’s designated officials e.g. HR should have initiated the exit formalities and should have educated the employee for formats/forms to be completed and how the charge would be handed over………………

The employee that has resigned can not be put on hold for infinite period……………

You should have submitted final resignation on last day in office.

After the expiry of notice period there was no need to seek leave…………………if the resignation has been accepted, leave application can not be admitted/accepted.

On your last day in office did you handover the workstation and company property if any to personnel in the company e.g. IT support, security, admin etc…………….and did you get an acknowledgment?

If parts which are missing, were misplaced during period of your absence/leave etc then the HOD or replacement employee should answer.

Can you and are you willing to resolve the matter of missing parts?

It shall be appropriate to approach a competent and experienced labor consultant/service lawyer and let your lawyer now structure and draft your representations………………..

Union for IT employees:

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Attached.

Dear Sir,

                     I send a mail to My Manager and My Regional head for the Resignation In the Month of May'18. As per company Norms I have to work 30 days Notice period. They are Not provide resignation confirmation at that time and till date also. In Notice period I take 5days leave and Worked 10 day's for that. After  Notice period I came In July 23 for Handover the parts and get the Experienced letter from the Organisation. But My Management Says U have to work Some More days for Suitable Replacement Until they get.

After Notice Period Is finished Why I have to work in this organisation. Previous Person Who Handles my Job, He didn't handover the Jig parts to me. Now Organisation Says U only Responsible for the cases. In meantime I am in leave (after Notice period) some of the Parts are Missed. That also U have to solve the cases.

I missed out some offers for this issues Kindly Help what to do for these cases

You have posted that:

----------“But My Management Says U have to work Some More days for Suitable Replacement Until they get.’

This seems to be the bone of contention……………………….

If you can…………….obtain clear date of relieving from company and withheld salary in advance and close the matter……………………………

--------“Noone is come for My Place to take incharge.’

The replacement is to be designated by good offices o/o appointing authority, MD, or company’s official empowered by them………………..

Did you write to take charge and company property from you within up to your last day in office?

---------“In Notice period I take 5days leave and Worked 10 day's for that.”

Although you have displayed character by doing so on your own……………………… did the company ask you in writing to extend the notice period by number of day of leave taken by you during notice period? Does the company agree for paying wages for these 10 days also?

----------“After  Notice period I came In July 23 for Handover the parts”

“Previous Person Who Handles my Job, He didn't handover the Jig parts to me. ‘

Both seem to be conflicting statements……………

By the way what are these jig parts?????

If while proceeding on leave you have handed over these jig parts to another employee did you obtain any acknowledgment? If yes produce it to good offices and close the matter……………..it should suffice………………

“In meantime I am in leave (after Notice period) some of the Parts are Missed. “

If you have full security check and CCTV coverage then the person who had taken thee parts from you or one who has stolen it from company is responsible……………………..

---------“After Notice Period Is finished Why I have to work in this organisation. ‘

You seem to be right. If you have served full notice period you have executed your part of the contract.

Another question arises: Why are you on leave after expiry of notice period?

If you have availed leave is it by leave application in writing and has it been approved?

If you have not submitted final resignation and if you are still on rolls of the company and on leave then it is an apprehension that you may have to submit fresh notice………………………..

It shall be appropriate to approach elders in the family, trade union leaders , competent and experienced labor consultant/service lawyer at your location show all of your docs, give inputs in person, understand the matter and merits and let your counsel now structure and draft your representations………………..and close the matter for you…………………