You have posted that:
------“Due to one incident where one workman took his Full Final statement…………………………………from my custody …………….“
“Company has all the video recording how he took the paper. and I have no mistake in that.“
“#2 Company has never given me any written memo on any issue’
“I have submitted one Internal report to the management regarding this incident “
Company has not leveled any charge.
The report should be sufficient. If no reply or question is raised on this report it may be deemed as accepted.
However show the report to your lawyer.
--------“I have resigned stating that "Due to my personal reasons I am resigning from my post"”
How would you now establish the resignation was extracted from you by demand/coercion/force in office by officials of the company and any benefit for having terminated/retrenched/laid off………………………………?
You have not tendered any notice of resignation too…………………………..
You are claiming (verbally) that you were asked to resign and verbally told that in lieu of writing the resignation in the language dictated to you, you would be paid notice pay for having resigned with immediate effect.
It appears that your concern is notice pay alone………………..and you want to rely upon the email you have sent…………………………….
Your lawyer can examine the force in your contentions…………………………………………….
-------“( as the company has not given any proof of employment to his workmen, which they have shown as daily wages employees)”
“he is threatning to go to labour court.. “
“Now company is waiting for any action /notice from this guy……..”
Company should provide accurate proof of employment.
If he is aggrieved this workman can approach trade union, court of his choice……………………..
It is his call to include the names of any/all company’s official who affected his rights.
If FNF statement was to be prepared and dispatched by you then you should have dispatched/supplied it under proof of acknowledgment.
If you were holding it due to verbal orders made to you, even then you may get charged for being at fault.
Cover your ground.
HR personnel get swayed and become party to unfair practices………………………
Seniors know how to play game better……………………………..than juniors.
------“the company fired this guy and due to delay in this Full & Final settlement he took this step. “
That guy himself is not coming to collect his Full & Final payment. and telling us to come to his house for settlement , which the company will not.
Company is expected to supply his FNF statement/payment of FNF dues by effective mode of communication (usually redg. post) at his address in company’s records.
--------“Will this point of extra salary in my resignation letter is a plus point in my favour?
Also i have sent them mail , where I have mentioned ,one month extra salary point . And the company is not answering my mail. Will this go in my favour”
If you have resigned with immediate effect by your free will, you are expected to tender notice pay if any as per your contract of employment signed by you by your free will.
Why should company tender the payment if any official of the company made a verbal communication to arrange notice pay to an employee who resigned with immediate effect……………..
There is no promise on record in writing.
You shall need to substantiate your contentions.
While on the contrary employee is liable to tender notice pay………………..
-------“#3 Yes company has issued me acknowledgement of my certificates.”
Company can not keep original certificates as collateral for employment.
You are out of job and would need the certificates to be able to secure another employment/source of livelihood.
Have you submitted any demand for supplying you the certificates?
Let this communication also be drafted in consultation with your lawyer.
Keeping original certificates of the employee may work in your favor.
Your lawyer may opine that this was a solid reason for you to get coerced/ burdened to write the language of choice (of company represented by its officials in the meeting) in resignation…………………….
If the matter lands up before lawful authority/ in court of law………………………………….court of law shall decide.
Some employees by virtue of their position/designation achieve some handle on employer.
If you have any such handle, you may approach good offices of your appointing authority/MD/CEO/Company Secretary/officials that can fetch you relief sought by you.
-------“#5 As my salary is Rs 23000, I may not be in workman category. In case of any dispute, should I go to Civil Court.”
Designation alone or salary alone may not decide employee shall be covered as ‘workman’ as in ID Act and ‘employee’ as in Shops and Establishments Act or not………….
Shops and Establishments Act of many states are employee friendly……………..
Your lawyer may ask you a set of structured questions and may opine on you being covered as workman/employee………………………
It is felt that HR personnel may not be covered as ‘workman’, however may get some relief as ‘employee’.
However let your lawyer's opinion be final on it.
If FNF statement supplied by the company to you is erratic, show it your lawyer……………and do not accept it……………………..and reject it………………….
The above is a heartfelt opinion only. On line discussion have its own limitations.
Approach your lawyer with copies of all of your docs, give inputs in person, provide full information, don’t conceal anything, spend quality time, get the merits analyzed and proceed under expert advice of your lawyer. Let your lawyer's opinion be final.
Finally: you may proceed as deemed fit at your end.
