Who informed you that your post is abolished: Old Management or New Management? Who asked you to resign?
Was it in writing?
It was just change of management change or takeover with stock, flock and barrel?
Did the management issue any circular, written communication on change/takeover/T&C of change/service conditions/MOU etc…………..?
Notice Period/Pay/Resignation: Since notice of resignation is tendered by you it can not be accepted before expiry of notice period. Relieving date chosen by you as per notice of resignation can not be preponed/postponed by employer. It is your discretion to claim the acceptance of resignation illegal, void or to claim notice pay/damages/compensation etc and accept it or reject it.
Forced resignation is offence. YOU could lodge even police/criminal complaint. Since you were asked to resign it may get termed as retrenchment……………….
Gratuity: You are eligible for Gratuity alongwith interest@10%pa. Lodge your claim and submit FormI under proper acknowledgment alongwith covering letter mentioning that you have been representing in office to Mr/Ms……………………….designation…………….dept…………….address……………….on dated………………….and notice of determination of Gratuity has not been supplied to you……………………….alongwith payment certificate issued by FI that managed Gratuity e.g. LIC…………………… The establishment can not keep a penny from payment released from Gratuity fund even if amount calculated as per formulae of calculation of Gratuity:
{(Basic+DA) /26*15*No. of years of service}
Is less than amount released by FI.
Earned Leave: Rate and eligibility is well defined in enactments applicable to the establishment e.g. Shops and Commercial Establishments Act………………………………and it can be @ daily average of his wages for the days on which he actually worked during the preceding three months, exclusive of any earnings in respect of overtime but inclusive of dearness allowance.
Daily average of Wages= Monthly wages/26
The leave rules ( made after negotiated bilateral settlements/standing orders) can offer superior to as prescribed in enactments applicable to the establishment but can not be inferior.
Therefore relate at your end.
It shall be appropriate to proceed under expert advice of your Labor consultant/service lawyer.
