Hello All Experts,
Good Evening
I was a workman since 2000 ( 17 years service) in medicine manufactring comapny in Himachal Pradesh, recently one year back due to company non-payment of wages and suffocated working culture, my HR asked me to resign and offer additional amount of Rs 10.0 lacs if i submit the same , under compelling and unavoidable circumstance i agreed and a written agreement was worked out signed by HR and me stated all conditions and pending dues .
I tendered my resignation on 15-03-2017 , i stated in the resignation letter itself that i am resignning from the service condition to settlement of all my pending dues as per the agreement .
After that my employer has violated that agreement by not settling all pending dues , means dues settled are partial and few are still pending and employer is not responding to my letters and keeping an adamant attitude in replying to my demand notices.
Even i am not provided my experience letter of 17 years service and relieving letter depite my several reminders and this denial is hampering my future job search.
I have even sent the employer the legal notices and employer is still not responding and ultimately i am preparing for legal case so following are my queries ,please do help me in proceeding further
A------ Where to lodge the case , Labour authorities or civil court ( i was workman this is proven as no supervisory role at all)
B------ As my resignation was conditional , stated in resignation letter itself that i am resigning from service subjecting to agreement duly signed by HR and me and conditional to setllement of all pending agreed dues,
B2 ------- Does violation of not settling all dues does make my resignation null and void and ineffective?
C----- denial by employer in issuing my experience letter and relieving letter , hampering my future job search , can i claim compensation or wages of this period ?
D--- I do had written the employer with proper acknowledge of receipt asking to either settle all my pending dues as per agreemnt or allow me to join the duties as conditional resignation is null and void due to violation from employer side in not settling all pending dues, aginn employer not responded.
Thanks in advence