Don’t expect any relief from HR and Line Managers, Legal cell personnel. They have to subscribe to orders of their masters and defend their interest and job and may not provide any relief to you.
Don’t remain entangled with them.
IT company is covered by State Shops and Commercial Estabs Act that was enacted to govern the service conditions of employees working in such establishments………………In your case it shall be:
West Bengal Shops and Commercial Establishments Act
West Bengal Shops and Commercial Establishments Rules
The standing orders are applicable of establishment employs 50 or more employees, and if standing orders are not certified Model Standing orders shall apply.
Model Standing Orders; Sec13-18…………..
The service certificate and FnF dues are to be supplied by last day in office.
What is the fate of PF,ESIC?
Has the salary slips of each month, and acknowledgment and acceptance of resignation etc been supplied.
These enactments shall prevail upon any private policy or rule or any agreement drafted by employer and signed with employee e.g. HR policy, appointment letter/contract of employment etc.
All of these enactments are available on website of Dept. of Labor of West Bengal.
You may write to appointing authority/MD and claim that nothing was ever pending at your end and you have represented to (mention names, dates, designations, minutes…………….phone numbers, email ids etc) hence you should have been supplied on LWD itself with correct FnF statement (showing computation of earned wages/bonus/OT/leave encashment/reimbursements/incentives etc) and FnF payouts by bank DD, service certificate, relieving letter, Form16 as per correct FnF statement, NOC/NDC, PF number and a/c slips,ESIC card, salary slips of all months etc………..but despite endless representations these were n ot supplied and even later thru redg. Post and call upon to supply these immediately so as to reach you in say next…………….7 days by Redg. Post only.
Thereafter you can resolve the matter in your favor with your own skills or approach (under expert guidance of your counsels):
---The Inspector appointed under West Bengal Shops and Commercial Establishments Act, Payment of Wages Act……
---O/o Labor Commissioner
---Highest Officials of Dept. of Labor West Bengal
----IT-ITeSEmployee’s/Trade unions e.g. CITU/INTUC/AITUC/BMS etc
----Your Labor Law Consultant/Service Matters lawyer/Law Firm
----RPFC thru nearest PF office
----Jurisdictional ESIC office
----ITO –TDS where you file ITR and CIT-TDS where company files ITR and claim that how can it be done without actually paying the amounts to you?
Your counsels may opine that you can lodge criminal complaint u/s 406,420 and file winding up petition as unpaid wages are debt on employer.
The chances are that your counsels with their skills may resolve the matter in your favor.
Or you can approach court of law.
