Were you appointed as an apprentice under Apprenticeship Act or as Trainee under some Managements’ Programme/ standing orders of the company?
Have you signed any service agreement/bond?
What was the misunderstanding due to which you had to give up employment?
What is this establishment: Industrial or Commercial? Company must have displayed the registration certificate near entrance on notice board.
What is the nature of business of this company?
You are in which state and HO/Redg. Office of the company is in which state?
Does the payment of Wages Act, Industrial Establishment Standing Orders Act/Model Standing Orders apply to it? The DLC in O/o Labor Commissioner can confirm it.
You may show the job advertisement, interview call letter, offer letter, appointment letter, bond, standing orders of the company, etc to a competent and experienced labor consultant/ service lawyer specializing in such matters, give inputs in person (do not conceal anything) and proceed under expert advice.
A trained legal eye and trained legal mind that has examined all statements and clauses verbatim and the merits can advice you best ……………….
Let you lawyer structure and draft your representation and cover the loopholes if any left by you so far………………………….to build favorable record in writing to suit you in the long run.
You may escalate the matter ‘Finally’ to good offices of appointing authority, MD, Chairman, Company Secretary……………………..narrate all representation made so far mentioning dates, names of company personnel…………………………….designation……………..dept………………..name of company……..address………………...with brief minutes of discussion and explain your grievance, raise your demands……………….and conclude that you have been approaching office of the company ( Narrate Dates) to get acknowledgment of notice/resignation, acceptance, work experience/service certificate, relieving letter, NOC/NDC, FNF statement for its checking and acceptance by you, Form 16 as per correct FNF statement, PF account slips of all years of service, salary slip of all months (If Gratuity is included in CTC sheet stake a claim for it and submit FormI)……………………..….etc and payments………………………………………and on dated Mr/ Ms…………………….stated that within dated ……………………………I shall be supplied all documents and payment by bank DD only thru redg. post only so as to reach you within dated……………………
However despite your gentle representations the good offices have not supplied you anything. Raise a demand to supply thru redg. post only so as to reach you in next 7 days.
You may add that a postage prepaid self addressed envelope (as purchased from PO) is attached herewith……………………………..
Has the company issued any acknowledgement of notice, acceptance of resignation?
The time for payment of FNF dues is max. usual pay day…………………….
-------If despite the best and sincere efforts good office does not resolve and provide relief, the employee can approach:
Lawyer/Law Firm: A legal notice by lawyer can drill sense into the heads.
Employee should retain access to a competent and experienced labor consultant/service lawyer and proceed under expert advice of his lawyer.
Almost all employer are crafting contracts with T&C inserted into these which are beneficial for the employer but restraining and damaging for the employee………………….
- trade union leaders
Majority of the employees refrain from becoming member of trade unions which is their loss.
Trade unions can negotiate service conditions for the benefit and advantage of employee.
Employers should have ‘Works Committee’ in which representative(s) of the employee are made member and even Chairman……………….
There should be Grievance Redressal Committee in company………………..
Be a member and educate others to form IC, trade union in company and trade……………
-Inspector under Shops and Establishments Act: one of the duties of Inspector is to ensure settlement of dues etc………………
e.g. Delhi Shops and Establishments Act : 37. Powers and duties of the Inspector: (b) Duties of the Inspector
(i) that in dispensing with the services of an employee the provision of the Act and Rules
have been complied with and no dues payable under the Act or Rules have been
withheld
- Inspector under Payment of Wages Act (applicable to all employees drawing wages as per def. of wages in the Act up to Rs.18000/pm),
2. Definitions.
3*[(vi) "wages" means all remuneration………………………..
(d) any sum which by reason of the termination of employment of the person employed is payable under any law, contract or instrument which provides for the payment of such sum, whether with or without deductions, but does not provide for the time within which the payment is to be made;
-O/o Labor Commissioner:
Time for Payment of FNF dues is max. usual pay day………………
-Civil Court
There are threads to suggest that employee can approach police and lodge criminal complaint under sec 406, 420……………………………….
And to treat the unpaid wages as debt on employer and approach the employer as creditor …………..
e.g;
https://www.lawyersclubindia.com/forum/details.asp?mod_id=72011&offset=1#.Uf-LaNKAqWN
