Mr. Viraj has given valuable advice. Kindly follow it.
In a given situation employee can approach trade union, and/or invoke the provisions of ID Act, IESO Act, Payment of Wages Act, SE Act etc………as per explanation of employee under the provisions of these enactments or approach civil court. Designation alone does not decide that employee is a workman or not.
It shall be appropriate to approach a competent and experienced service lawyer/labor consultant with copies of all of your documents salary slips, termination order, appointment letter, standing orders, service rule book, HR policy,emails etc and give inputs in person and proceed under expert advice of your lawyer. Your lawyer shall evaluate the merits and may opine that you fall within the category of workman.
Company may yield to legal notice of your lawyer or you may have to agitate in the appropriate forum. Company may yield to your demands during conciliation proceedings in o/o ALC or the ALC shall issue reference to Labor Court.
In a situation like posted by you companies are known to delay or even deny settlement and dump the employee in courts.
The termination has its own implications and can burden the employee in times to come.
Company is expected to follow the process of supplying the communications, show cause notice, legal notice, advt. etc before effecting termination and supply the order of termination.
If the establishment is covered by IESO act and standing orders of the company has been extended to your designation you may refer to the provisions of standing orders of the company.
If company has not framed its standing orders model standing orders shall apply.
13. Termination of employment.--(1) For terminating employment of a permanent workmen, notice in writing shall be given either by the employer or the workmen - one month’s notice in the case of monthly-rated workmen and two weeks’ notice in the case of other workmen: one month’s or two week’s pay, as the case may be, may be paid in lieu of notice.
(2) No temporary workman whether monthly-rated, weekly-rated or piece-rated and no probationer or badli shall be entitled to any notice or pay in lieu thereof if his services are terminated ,but the services of a temporary workman shall not be terminated as a punishment unless he has been given an opportunity of explaining the charges of misconduct alleged against him in the manner prescribed in Paragraph 14.
(3) Where the employment of any workmen is terminated, the wages earned by him and other dues, if any, shall be paid before the expiry of the second working day from the day on which his employment is terminated.
16. Certificate on termination of service.--Every permanent workman shall be entitled to a service certificate at the time of his dismissal, discharge or retirement from service.
NOTE. - There is a provision under this Act for issuing a service certificate at the time of dismissal, discharge or retirement and every person is entitled to take such certificate.
Company should encash the paid leave, add bonus, and show it in FNF statement and adjust notice pay against paid leave etc. Company should pay wages and should not withhold wages. If company has to recover still some amount it may spend its money to recover thru court.
You may address all representations by letter thru redg. post to good offices of your appointing authority, MD, Company Secretary, Chairman company and ask to supply you the correct FNF statement {with leave encashment, gratuity, bonus, performance pay etc…..} on letterhead of the company/prescribed stationary with logo and address of company under original seal and signature by hand of the competent employee of the company with his/her full name/designation/dept/address under his signature, form 16 as per correct FNF statement, PF number, PF account slips for whole service period, attested copies of PF withdrawal/transfer forms{ submit the forms under acknowledgment}as you shall submit these on your own to PF office, work experience/service certificate, relieving letter, NOC/NDC… etc. You may add that postage prepaid { as purchased from PO} self addressed envelope with postage stamps of Rs……affixed on it is enclosed for sending the reply by redg. post to you and all communications be sent to you by redg. post only.
All officials of the company are not empowered to sign on the letter head of the company and if company replied by letter some senior and competent official shall reply.
You may even try by seeking an appointment from good offices; however submit the minutes of discussion.
If you have some handle on the company you may apply it and resolve the matter in your favor.
If nothing works you may proceed under expert advice of your lawyer.
