It is believed that you have posted the facts.You have posted that:
--“ I put down my papers on 29.03.12 with 2 months notice period effective from 29.03.12. My resignation was accepted and as per official mail recd from GM HR, i was officaily relieved from the services of company on closing hours of 03.04.12,”
This implies that you were relieved within 6 days from notice of resignation. Company should tender notice pay for rest of the days. You can rake up the issue and term the acceptance illegal.
--"and to my surprise they are asking to collect some payment from market and alleging that i have incurred losses to company,"
The allegation is verbal or in writing? Employee should record such transactions ( audio/visual) and keep some witness during such transactions.During your employment did the company ever issue any instruction in writing to approach these parties in market on behalf of company and peruse to pay the bills of company? Did you book the orders? Is it written in any of the documents or bills that party can not handover the payment to any employee or Is it written in any of the documents, emails, communication that employee can not collect the payment in cash from parties?
Once the company raises a bill the party has to pay direct to company as per agreed terms of transaction.
--"How can I approach market when i am officailly no more a part of company??"
You are right.
During the period the charge was handed over by you did the company express in any of exit report/documents that you have to ensure the payment of the bills?
You have successfully handed over the charge.
There are companies which ask its employees to obtain NOC from its stockiest. Their demand is unlawful.
--is it justified on company behalf to ask me to go and collect payment??
No.
--"also what rights company has to hold back my gratuity and PF settlement??"
None.
PF and Gratuity are covered under Social Security Laws.
--PF is immune from any attachment.
Can the amount standing to the credit of any member in the Fund be assigned, charged or attached?: The amount standing to the credit of a member in the Fund cannot be assigned, charged or attached under any decree or order of any Court. Similarly, the amount standing to the credit of a member in the Fund at the time of his death is free from any debt or other liability incurred by the member before his death and cannot be attached under any decree or order of any Court. {Section 10}
Payment of Gratuity Act:
Section 13: Protection of Gratuity
-No gratuity payable under this Act 22[and no gratuity payable to an employee employed in any
establishment, factory, mine, oilfield, plantation, port, Railway Company or shop exempted under section 5] shall be liable to attachment in execution of any decree or order of any civil, revenue or criminal court.
- Before forfeiture of Gratuity, employer must supply show cause notice to employee and grant opportunity to explain. Forfeiture can be up to the extent of loss caused/proved.
4(6) Notwithstanding anything contained in sub-section (1),
(a) the gratuity of an employee, whose services have been terminated for any act, wilful omission or
negligence causing any damage or loss to, or destruction of, property belonging to the employer,
shall be forfeited to the extent of the damage or loss so caused;
(b) the gratuity payable to an employee 16[may be wholly or partially forfeited]–
(i) if the services of such employee have been terminated for his riotous or disorderly conduct or
any other act of violence on his part, or
(ii) if the services of such employee have been terminated for any act which constitutes an offence involving moral turpitude, provided that such offence is committed by him in the course of his employment.
Employer should pay gratuity in a month on its own.
If the employer delays the payment it shall have to pay interest. If the good offices also maintain studied silence and do not provide relief you may approach o/o Controlling Authority which may be DLC in your case.
Rules of Payment of Gratuity:
7. Application for gratuity.-(1) An employee who is eligible for payment of gratuity under the Act, or any person authorised, in writing, to act on his behalf, shall apply, ordinarily within thirty days from the date the gratuity became payable, in Form 'I' to the employer:
Provided that where the date of superannuation or retirement of an employee is known, the employee may apply to the employer before thirty days of the date of superannuation or retirement.
8. Notice for payment of gratuity.-(1) Within fifteen days of the receipt of an application under rule 7 for payment of gratuity, the employer shall-
if the claim is found admissible on verification, issue a notice in Form 'L’ to the applicant employee, nominee or legal heir, as the case may be, specifying the amount of gratuity payable and fixing a date, not being later than the thirtieth day after the date of receipt of the application, for payment thereof,
You may submit form I to company with a copy to Controlling authority and obtain acknowledgment from both.
--"and alleging that i have incurred losses to company,"
Has this allegation been made in writing? Has any show cause notice been issued during employment?
You can proceed under Industrial Employment Standing Orders Act, SE act, Payment of Wages Act as per explanation of employees under these enactments, and approach o/o Labor Commissioner, Civil court.
You may approach a competent and experienced service lawyer with all records, copy of appointment letter, standing orders of the company, employee rule book and give inputs in person. Your lawyer may prefer to issue a legal notice.
