You have been tricked by HR. The line management and HR had decided their action and what HR did is as per scriptt which was already written. HR was executioner. The trick applied to you is nothing new and is a standard practice.
HR has looked upon by employees as a impartial, unbiased, good office but time and again majority of the HR personnel end up executing the ill and inner wishes of management and step on the toes of employee.
If you resigned with immediate effect and your resignation was accepted with immediate effect, company shall claim notice pay. Since you were asked to resign, line management/HR may insert adverse comments in your personnel file, which may affect you in future.
However company should supply you acknowledgment and acceptance of resignation, service certificate, FNF statement showing computation and disbursement of all payables, payment of FNF dues, Form 16, PF number, PF account slips of all years, attested copies of PF withdrawal/transfer forms { if submitted by you} or acknowledgment issued by PF office in original etc..
“i had sent an email of request to GM HR - Mr. Pronoy Dutt & Co-founder of college- Ms Malobika sengupta for immediate intervention.”
Did you write and submit your notice of resignation/resignation? Did you mention that as desired/asked by Mr/Ms……..you are submitting your resignations?
If it was forced resignation did you protest in writing and withdraw your resignation in writing?
Forced resignation can be cited as deemed termination. The burden shall be on employee to prove that resignation was extracted by force with the premises of office.
The HR has already tricked you again to complete the FNF formalities i.e. you must have signed the acceptance on FNF statement. Have you been supplied the copy of accepted FNF statement? You may protest that you were forced to accept the FNF statement copy of which was not supplied to you.
Now what exactly do you want: contest your termination/forced resignation, withdraw your resignation or simply expose the line management and HR and do something to punish them, or get a waiver on notice pay and thus payment of wages for the days you have worked?
If the college is under UGC you can point out to good offices that you are contemplating to approach the regulators. This may move the admin of your college to provide relief sought by you.
You can always escalate to good offices of your appointing authority, MD, Chairman, Company Secretary, in writing under acknowledgment.
The line management and HR may block your FNF settlement and may sit on your relieving docs.
You may submit a final representation, narrating all previous representation {mention each date, name of company personnel} by letter thru redg. post addressed to good offices of your appointing authority, MD, Company Secretary, and ask to supply all of these payments and documents say within next 7 days, by redg. post, at your address given in the letter. You may mention that you are enclosing a postage prepaid self addressed envelope {as purchased from post office}for reply of company by redg. post only. You may obtain POD {certified copy of run sheet of post man} from PO by making a payment of Rs.10/-
If you want you may send a follow up email, to good offices.
In a given situation employee can invoke the Industrial Employment standing orders Act, Payment of Wages Act, SE Act, and ID Act as per explanation of employee under these Enactments or approach civil court. Designation alone does not decide employee is a workman or not. Employee can also approach trade union.
Confirm if standing orders were applicable to your industry and company and did the company extend these to your designation. If standing orders were applicable and were not formed by your company model standing orders shall apply. The situation expressed by you and bond may be in violation of standing orders of the company.
As per standing orders Act Company should provide service certificate and pay the FNF wages on last day in office.
The standing orders are to be displayed at notice board and should be supplied to employees at nominal charges {say Rs.10/}. You can peruse the RTI route and request the PIO at concerned o/o Labor Commissioner {location: redg office or Corporate Office of the company} to supply you the certified copy of the certified standing orders of the company. Model Standing orders may be posted at Dept. of Labor website of your state.
If the company do not yield to your representation, it shall be appropriate to approach a competent and exeprienced labor consultant/service lawyer, well versed with such matters, show all documents and give inputs in person, and let your lawyer evaluate the merits, and suggest appropriate forum if the need be.
The company may yield to legal notice of your lawyer or you may have to agitate in appropriate forum.
