You have posted that:
--“Last month i have resigned form my existing company provided them the 15 days of notice period.”
You may demand to add the wages for the balance of 14 days of your 15 days notice in your FNF statement/settlement.
Or you may decline in writing to accept the FNF statement and write that you have received the instrument of payment/payment in a/c under protest.
Or you could have refused to accept relieving 14 days before the effective date of your resignation terming it illegal, unlawful.
---“Now while contacting them via mail nor response is been found from last one month.”
It might be the internal policy of the company to settle FNF dues in a month or so. You must be having the copy of the policy of the company.
You may supply a letter by redg. post addressed to good offices of your appointing authority, MD, Chairman, Company Secretary, with a copy to COO/CEO/GM, narrating that you had submitted notice of resignation dated……….with a notice of …..Days, however company relived you on dated………and supplied the relieving letter dated……….
That you have supplied following communication s till date for settlement of you’re a/c and payment of your dues:………..
However the following has not been supplied to you till date:
Acknowledgment of notice of resignation, acceptance of resignation, FNF statement, payment of wages and FNF dues to be paid by company e.g……….narrate the details, form 16, NOC/NDC, PF number, PF account slips, etc……You may mention that you are enclosing the duly filled PF withdrawal/transfer forms { which you can obtain from local PF office}, FormI { if you are eligible for gratuity}, and a postage prepaid { as purchased from PO} self addressed envelope and may company may supply you all payments and documents as mentioned above along with original acknowledgment issued by PF office, and acknowledgment of your FormI by company and controlling authority of gratuity, and payment of your dues by bank DD only thru redg . post only, so as to reach you say within next 7 days.
Has the company posted any adverse comments, good comments, in relieving letter or it is with no comments on your conduct and performance. Relieving letter with good comments is a good option.
If the good offices do not grant any relief you may have to issue a notice.
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.
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.
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 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. 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.
The exemption from Industrial Employment standing orders Act to IT companies has been ended by the govt.
You may find the attachments useful.
