There was no need to abscond. Employee should never abscond.
It shall be appropriate to show all docs to your lawyer and let all representation be drafted by your lawyer.
The lawyer that has seen all of your docs can advice you the best.
What is this establishment: Commercial or Industrial?
You are located in which state and Redg. office of the company is in which state?
The notice period may be mentioned in advertisement calling job applications, offer letter, appointment letter, service conditions stated in standing orders applicable to the company…………………………Shops and Commercial Establishments Act of the state……
The service conditions stated in standing orders can not be negated to employee in appointment letter…………………….thus if notice period is 30 days in standing orders it can not be 90 days in appointment letter.
Shops and Commercial Establishments Act of all states and Model Standing Orders have notice period of not more than 3 months.
You may show the appointment letter issued to you, standing orders (Certified/Model), Shops and Commercial Establishments Act of the state to your lawyer……………………and the lawyer that has seen all of your docs can advise you the best.
Resignation can be without permission or notice.
What is the notice period if termination is initiated by the company? It should also be 3 months. The contract of employment/ appointment letter should promote equitable discretion, or it can be termed arbitrary.
Do you know of any case when company relieved an employee before completion of 3 month’s notice period?
You have completed notice period tendered by you and left attending to office on expiry of notice period & have completed exit formalities, handover of charge……………………………..hence you should claim that you have not absconded and charge the officials of the company by name for falsifying the record and making false entries.
The company might have adjusted the notice pay towards shortfall in notice period in FNF statement/settlement.
If yes nothing is due towards you.
Relieving letter signifies that there is nothing due against employee and employee has been properly relieved.
You may submit a final NOTICE ( drafted and structured by your lawyer) to Good offices of appointing authority, MD, CEO, Chairman, Company Secretary, by letter thru redg. post highlighting your good conduct achievements and narrating all representations made by you so far by phone, emails, in person (mention dates, phone numbers, names/designation/dept of company’s officials,………….) and conclude that you have properly resigned handed over the charge and have not absconded………………………………………and demand that service certificate and relieving letter (without any adverse comments and with good comments) be supplied to you within next say………………………..7 days by redg. post only.
You may add that false comments be removed from your personnel file, service card permanently and no adverse comments on candidature due to false entries and falsification of service record be issued to anyone and good comments should allow you to examine your personnel file and grant an appointment for the same, within next 7 days, by letter thru redg. post. Mention that postage prepaid self addressed envelope is attached.
If good offices do not provide relief you may issue legal notice by your lawyer and legal notice from your lawyer may drill sense into the heads.
O/o Labor Commissioner; labor Inspector………..
Inspector Under Shops and Commercial Establishments Act
Civil Court
Under expert advice of your lawyer.
Model Standing Orders:
13. Termination of employment.--(1) For terminating employment of a permanent workmen, notice in writing shall be given either by the employer or the workmen - one month’s notice in the case of monthly-rated workmen and two weeks’ notice in the case of other workmen: one month’s or two week’s pay, as the case may be, may be paid in lieu of notice.
16. Certificate on termination of service.--Every permanent workman shall be entitled to a service certificate at the time of his dismissal, discharge or retirement from service.
NOTE. - There is a provision under this Act for issuing a service certificate at the time of dismissal, discharge or retirement and every person is entitled to take such certificate.
