Employer claiming 2 months notice pay and denying rel letter

After issuing due notice to the managent requesting them  to consider your resignation, you rservingof notice period of 1 month etc you demand your finl salary AND RELEIVING ORDERS FROM  THEMANAGMENT. iD FYOU DON'T GET  AREPLY OR SATISFACTORY REPPLY WIHIN 10 DAYS FILE  A CASe IN LABOUR COURT MENTIONING THE ABOVE ALLEGATIONS AGAINST THE MANAGMENT.Its nothing but unfair labor practice on the part of management.

if you have met all the formalities and conditions of relieving and sitll made go through this, you can very well approach a LABOUR COURT.

Originally posted by : Ms.Usha Kapoor
	After issuing due notice to the managent requesting them  to consider your resignation, you rservingof notice period of 1 month etc you demand your finl salary AND RELEIVING ORDERS FROM  THEMANAGMENT. iD FYOU DON'T GET  AREPLY OR SATISFACTORY REPPLY WIHIN 10 DAYS FILE  A CASe IN LABOUR COURT MENTIONING THE ABOVE ALLEGATIONS AGAINST THE MANAGMENT.Its nothing but unfair labor practice on the part of management.

But Some times what happend the Employer  also makes False allegation against the employee , just to threated him , In that Case what needs to be done 

In Labour Court the matters go on stretching and no final results are received within Time 

While posting such queries employee should post basic information!

What is this establishment; Commercial, Industrial?

What is its nature of business say; IT, ITeS?

How many persons are employed in it?

What is your designation and nature of duties?

How many persons report to you?

Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ?

You are in which state? Since how many months you are working?

Do standing orders (model/certified) apply to establishment and your designation?

What is notice period as per appointment letter/offer letter and what was notice period tendered by you?

Was ever any stinker, memo, show cause notice on any misconduct issued to you?

Are you a member of employee’s/trade unions?

Has the establishment issued/supplied, salary slips of all months, PF number and a/c slips of all years, ESIC card, Form16, acknowledgment of handover of charge/assets, NOC/NDC etc etc, acceptance of notice of resignation/final resignation?

Can you attach the copy of appointment letter, notice of resignation tendered by you,1st letter issued to you reducing the notice period by 1 month, 2nd letter issued to you reducing the notice period by another 1 month, FnF statement...

You may erase the names,logo etc to maintain the confidentiality.

What is good in your posts is that you approached 1st authority then 2nd authority i.e. MD and got waiver of notice period.

You may apply your skills and get waiver properly inserted in FnF sttaement/settlement and get a copy fo correct FnF statement.

The notice period of 90days may not be neccessarily applicable in your case.

Reply pointwise to all points.

Designation and wages alone does not decide if employee shall be covered as 'Workman' as in ID Act or not......................

-------------------Deleted---------due to error------

You may serve a Notice on the Employer to honour their commitments.

Probably attornies of employer in HR/Director are not in your favor... 

Or 

On your specific request notice period has been reduced with recovery of notice pay...

The language as in docs can clarify.

It is very much possible that even if notice period of 90days is inserted in appointment letter it is not applicable in your case.

Reply pointwise to all points.

If you have apprehensions visit a very able local senior counsel of unshakable repute and integrity specializing in Labor/service matters for a considered opinion.

Dear Rakesh, Please post your question seperately (not in this thread). Experts would then reply to your answer quickly

Regards