• Organization not paying final dues.

I am awaiting for Final dues from previous organization. The company had terminated my services while I was serving notice, the company hadnt given acceptance on the resignation or given me a release date.(Documented on Company e-mail)

Joined a smaller startup which was a competition to the previous organization in one of the business line. However the non-compete clause didnt include the current company name. 

I have been chasing the previous company for the appx 3 months to get my dues settled, i.e 1 months pay and ability to withdraw PF (Combined Total of 1.4 Lacs),however with no communication and typical delay tactics now the organization has said over email that I have to pay 1 months salary because I didnt serve the notice period & "evaluating legal options" for data theft. 
All digital records are audit able and none was done. The job role i was in didnt entitle me to any critical data, I took care of Sales in a particular region. Maximum exposure was the phone numbers of people i interacted with which all sales people have on their phones.

In the last 3 months, as previous customer's werent informed, there were phone communication which was informed backed to the reporting managers of previous company as part of personal ethics & integrity. 

On 1st of Dec'16 after verbally discussing with reporting managers (CxO Level), dropped an email stating my intent to resign and was awaiting an formal acceptance or communication which I didnt get. (Again all digital records available) Daily tasks and responsibilities were assigned which was done with due diligence. on Dec 28th attended team calls, with no communication post that, afternoon 3PM, my emails and CRM access are blocked which I came know because I couldnt access them. HR calls after 15 mins and says "Today is your last day, handover your laptops by 5PM"

Thats the brief background, how can I get my due salary back ? 
Contract says, company has to give 1 Month notice or salary if terminated or i have to give 2 months notice. Do share your legal opinion. The previous company is Registered & HQ in Gurgoan (a mid-size profitable startup of 200 employees) & and I'm based out of Mumbai with 15-days base in Mumbai & Bangalore.

There is has been severe cash-flow crunch due to this situation and seeking your advice to atleast release the pay for the days I worked in December & PF.