The learned members/experts have given their valuable opinion.
1. "We were promised Over time @ 200 rs per hour"
Do you have anything on record, e.g. email, notice, circular, copy of any payout in whcih OT has been calculated and disbursed.
You may discreetly obtain/prepare your entry exit records in the company and any other record vide which you can establish you worked OT. You know it best hence you have to arrange it.
"After multiple follow up I got with the lower and higher levels of HR I got my FnF amount which is not satisfactory and the OT dispute is still outstanding. I have all the follow up mails after leaving the organization"
The company failed to address your representations and update to prepare correct F&F, despite best effort by you while you were clamoring to get your hard earned wages.
Instead of supplying you the OT they have tried to escape by stating:
"I get a answer that they have lost all the data."
This is not your fault. It indicates they have tricked the employee and are not inclined to pay.
The company is required, bound, to keep, preserve all the records, manually and and by other additional means e.g. scanned images, achieves etc.
You may send your data and references, and your OT claim.
2."I was asked to leave the organization in December without prior notice on the same day and I was told by HR that I will get the outstanding OT money for the month of august in my full and final settlement."
You were asked to give up your job, and instead of terminating you by assigning a reason they asked you to write down your resignation without any notice period, which you seem to have done.
Have they deducted any notice pay? It seems that they have not. Is there any notice period clause in your appointment letter? If there is a clause then they have not deducted any notice pay (because you resigned without any notice).
Did they write to you in the acceptance letter that they have waived off notice pay.
3."explanation of Full and final mount is pending and I am not getting any response"
You are within your rights to ask for an explanation of F&F.
You can raise specific queries and employer is bound to justify.
However they may claim they have explained the matter to you on phone to your satisfaction.
While they may tell you that they shall not state more than what is written in the F&F.
4. You may submit a detailed but specific written representation to your appointing authority, MD,CEO, Company Secretary, Head-HR , by letter under acknowledgment ( either duly stamped and received at the reception of company where all mails are received, or by registered post) , stating:
Who asked to give up your job?
Who stated that your OT record is updated and complete and OT amount shall be paid in F&F
And mention reference of all emails
And specific points of your unresolved queries.
It shall be appropriate to send your representation drafted thru your service lawyer/law firm and proceed under their counsel and advice.
In future be smart and consult your family, well wishers, lawyer before you write and submit.
