You may submit a gentle representation under proper acknowledgment addressed to the good offices of your Appointing Authority, MD, Company Secretary with a copy to Head-HR narrating all representations made by you so far by phone, email, letter, in person etc with each date, and name/designation/dept/address of company personnel to whom you had represented and request to supply you the acknowledgment and acceptance of resignation, service certificate, relieving letter, FNF statement showing computation and disbursement of all payables, payment of FNF dues by bank DD only, 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, if company has submitted your forms to PF office} etc. by redg. post only, so as to reach you in say next ..7 days. You may mention that this has been heavily delayed and postage prepaid {as purchased from PO} self addressed envelope is enclosed.
You can take help of elders in the family and prepare a statement of payables by company as per your understanding {include all amounts e.g. salary, incentives, reimbursements, paid leave, etc} and request that say…80% of the amount may be supplied to you immediately as you are facing financial constraints due to delay by company.
As per standing orders Act Company should provide service certificate and pay the FNF wages on last day in office. 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. 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.
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.
For Form 16 you may submit a request to good offices of your company and official who issues form 16 { as per name and designation printed on previous Form16 or Form 16 issued to colleagues} to supply you the Form 16 by redg. post so as to reach you say in next 7 days, and issue reminders by emails. You may mention that postage prepaid {as purchased from PO} self addressed envelope is enclosed.
Thereafter you may lodge a complaint with IT Commissioner at your location where you have been filing your return, and attach copy of your communications to good offices of your company and concerned official, and mention the full address of registered/corporate office of company/local office of the company where you were employed, its PAN number, highlight that company has been willfully blocking your Form 16 in unlawful manner and request the IT office to initiate proceedings against the company. This IT office shall forward your complaint to o/o Jurisdictional CIT-TDS and as per provisions your company shall be penalized which may be upto the amount of TDS in your case or as decided by IT office.
After filing your complaint you can adopt RTI route to know the status of your compliant. This shall move the IT officials to act with speed.
