If you have everything that you have narrated on printed/published record then you have merits on your side.
However let everything be examined by trained legal eyes of your counsel and let the merits be examined by trained legal mind of your counsel.....................and don't hesitate to approach the Union Leaders, labor Officials after consultation with your Labor Law Consultant/Service Matters lawyer/law firm....
Don’t hesitate to claim OT, in writing. Hope you have attendance record with time.
The employer should pay OT along with monthly wages on its own.
Such companies are covered by ( name of the state) Shops and Commercial Establishments Act and has to maintain proper record of In/OUT time and OT in registers/forms prescribed as per ( name of the state) Shops and Commercial Establishments Rules…………….
The ( name of the state) Shops and Commercial Establishments Act, ( name of the state) Shops and Commercial Establishments Rules should be available on the website of Dept. of Labor of your state, alongwith contact details of officials……………………..
The Labor Inspector in local o/o Labor Commissioner might also be functioning as Inspector appointed under ( name of the state) Shops and Commercial Establishments Act and payment of Wages Act and you can lodge complaints under these Acts…….
While the company may appeal that NO OT was done and employee was not eligible for OT or employee was in office to complete the pending tasks it may not cut any ice………
The Dept. of Labor officials have awarded heavy compensation in various cases…….e.g.:
Pay techie Rs 12.5 lakh for sacking her, Karnataka labour department orders US-based firm
https://timesofindia.indiatimes.com/city/bengaluru/Pay-techie-Rs-12-5-lakh-for-sacking-her-Karnataka-labour-department-orders-US-based-firm/articleshow/45034667.cms
The employee’s unions and Trade Unions can take up your cause.
The trade Unions like CITU/INTUC/BMS/AITUC are willing to embrace the employees………..
Many political parties started wings for IT employees………….e.g. Shiv Sena…….
Employees are a huge vote bank and no political party and govt. can ignore…..
The contract that you have quoted might be violative of standing orders (certified?model). Employer personally is held responsible for faithful observance of standing orders…….and can be penalized for violation.
The employees in IT/ITeS sector felt that unions and unity is not for them and becoming member shall lower their status.
The employees that are not united are like sitting ducks and are susceptible to exploitation.
The united employees in your sector have done many goods jobs.
Young Tamil Nadu Movement(YTNM)
Forum for IT Employees (F.I.T.E) brings together employees of various IT and ITES companies.
Platform to speak out
https://fite.org.in/contact-us/
https://www.fite.org.in/
Where trade unionists start their day on the net.
Trade unions urge IT employees to sign up
New Democratic Labour Front (NDLF)
National confederation of ITeS employees’ unions launched
information and communication technology (ICT) employees
National ITeS employee unions' body
IT and ITeS Employees Centre (ITEC)
Trade unions in Indian IT industry
TRADE UNIONISM IN INDIAN BPO-ITeS INDUSTRY:
Union of It & ITES employee
https://www.facebook.com/AgainstTCSLayOff
https://www.labourstart.org/india/
https://www.thehindu.com/news/cities/chennai/trade-unions-urge-it-employees-to-sign-up/article6773788.ece
https://itnitesunion.wordpress.com/
https://www.thehindubusinessline.com/features/smartbuy/tech-news/national-confederation-of-ites-employees-unions-launched/article6648709.ece
https://www.business-standard.com/article/companies/national-ites-employee-unions-body-114113000764_1.html
https://www.itecentre.co.in/node/88
https://www.freepatentsonline.com/article/Indian-Journal-Industrial-Relations/252555260.html
https://www.isleijle.org/ijle/issuepdf/0450c1fc-ea44-4cc6-a12b-b2235839ae55.pdf
https://www.facebook.com/pages/Union-of-It-ITES-employee/180803218772401
State of Karnataka has made it mandatory to have GRC (Grievance Redressal Committee) in each company that would have equal number of representatives from employees.
ID Act already has a provision for ‘Works Committee’ and this committee is an authority under ID Act and has President from Employee’s side.
THE INDUSTRIAL DISPUTES ACT, 1947 : CHAPTER II: AUTHORITIES UNDER THIS ACT: 3. Works Committee.
https://pblabour.gov.in/pdf/acts_rules/inustrial_disputes_act_1947.pdf