@ Sidhant,
Such matters are best resolved by applying rapport, goodwill, persuasion, persistence, reasoning, and negotiation skills. Good offices of the employer should be approached and a fair opportunity be given to good offices to provide relief.
Even while you are agitating remain amiable.
May be that college is expecting you to treat 11 days salary as a parting gift, and may relent sensing that you are determined and well informed.
Good offices should act fairly as parent and should adopt unbiased and reasonable approach and save the organization and employee from burden of litigation.
If good offices also do not intervene and do not provide relief then legal route, lawful authority becomes an option.
After all state/courts are Parens patriae “ parent to the citizens/nation”.
You have posted that:
--“I have already intimated them twice by email of which they acknowledged also.”
It is good that you have copy of an acknowledgment.
You may submit final communication ( if you wish you can title it NOTICE also) addressed to good offices of your appointing authority, Chairman, Promoter/owner/Manager as per SE Act, cite reference of all representations made so far in person, by email, by letter etc( mention name/designation/dept/address/phone numbers etc), conclude that you have been clamoring to get your pending payments/docs and request them to intervene and provide relief by supplying you the pending payments and documents ( mention detail) so as to reach you within next say…….days.
--“I have everything including service, salary and relieve certificate as well as xerox copy of resignation with acknowldgement and copy of no dues.”
The no dues, relieving letter signifies nothing is due at the end of employee.
You may highlight your sincerity, achievements, contributions, and remind the good offices that you have shown character and integrity by giving notice and serving notice period, handing over the charge/company property
And have abided by contractual obligation.
Now the management and good offices should also reciprocate and abide by its contractual obligations.
--“do I need to collect time attendance sheet and salary statement”
You may collect these and anything and everything that is relevant to your employment and attendance till your last day in office. This shall help you to contest the claim of the management if it states that you have not worked for 11 days and makes false entry in records.
Your employer should supply you, acknowledgment/acceptance of resignation, service certificate, relieving letter ( with good comments on conduct), NOC/NDC, correct FNF statement, correct Form 16 as per correct FNF statement, PF number, PF passbook/account slips for entire period of service, last salary slip, salary certificate……etc
The FNF statement would show DOJ, DOL and period/days for which salary is calculated and it would instantly show if 11 days attendance/employment is marked and salary is calculated/computed or not?
--“I was working as a assistant professor in a private college”
The college was formed and conducted to make profit.
Your lawyer can opine that you would be able to approach o/o Labor Commissioner.
Supreme Court of India
University Of Delhi & Anr vs Ram Nath
Kerala High Court
Mr. Karthiyayani And Ors. vs Union Of India (Uoi) And Ors.
Then
Extension of benefit of Gratuity to teachers would be an interesting reading.
Ideally college should have paid all due payments by the usual pay day.
You may refer toSE Act of your state. e.g.;
The Delhi Shops and Establishments Act, 1954
2. Definitions.
(5) “commercial establishment” means……..educational or other institutions run for private gain,
(7) “employee” means a person wholly or principally employed, whether directly or
otherwise, and whether for wages (payable on permanent, periodical, contract, piece-rate or commission basis) or other consideration
(8) “employer” means the owner of any establishment about the business of which
persons are employed, and where the business of such establishment is not directly
managed by the owner, means the manager, agent or representative of such owner in
the said business;
SE Act: e.g. SE Act Delhi:
19. TIME AND CONDITIONS OF PAYMENT OF WAGES.
21. CLAIMS RELATING TO WAGES.
35. Inspection of Registers and calling for information.
37. POWERS AND DUTIES OF INSPECTOR.
COMMENTS
(b) Duties of the Inspector :
(h) that the wages and other dues are being paid to employees in time as required under the Act;
(i) that in dispensing with the services of an employee the provision of the Act and Rules have been complied with and no dues payable under the Act or Rules have been withheld;
41. WILFULLY MAKING FALSE ENTRIES
THE PAYMENT OF WAGES ACT, 1936
2. Definitions.-
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;
The Labor Inspector may want to give notice and this may work in your favor and your payments may be released and the matter may end.
The company may relent and yield to your representation to good offices, demand notice, Notice by Wages Inspector, Inspector under SE Act, and legal notice by your lawyer.
The option to approach civil court is there too.
Valuable advice of learned experts/members is sought.
