No response from company after resignation
Last work date at my office in an oil sector PSU was on 05.01.2016 as I submitted resignation on 09.11.2015 (notice period of 56 days). i exited on the last day of my notice period as i didn't received any message on communication regarding acceptance/ non-acceptance of resignation. As per the appointment terms I was supposed to submit 90days notice period which I didn't as I had another oppertunity. After submission of resignation letter by speed post I again wrote to the Director HR ( appointing authority) in Nov'2015 regarding waiving of the short notice period for which I received a reply from the HR office that they are considering the matter. Before my final day in office, I appeared for the exit interview and handed my charge to my HOD I.e. to a GM ranked officer. I was also accorded farewell. After exit from the company I sent six letters (reminders) for settling my F&F dues but did not received even a single reply from the company. In the meanwhile I came to know that there is a pending vigilance case since year 2009 regarding a complaint against my ST status from SC/ ST association. As I was in favour of amicable resolution of the matter I didn't peruse legal action so that te vigilance department can complete there case. Few days back I went to the HR Department and they told me that my resignation case file was not traceable. Now I think that I have waited for too long for the preliminary enquiry to complete. In view of the above Kindly suggest the suitable course of legal remedy for me and the lawyers whom I can contact at Dehradun.
I am posting some details for better understanding of my case.
Company: Upstream Oil PSU with more then 30, 000 employee.
Designation and nature of duties: Superintending. Engineer - office job
How many persons report to you: None
Any power to sanction leave/increment/appoint /terminate/ appraise etc etc : No
City : Dehradun
Years of service: 19 years
Details of disciplinary action/ chargesheet/ memo, show cause notice on any misconduct issued: None
Asked 7 months ago in Labour from Dehradun, Uttarakhand
The emoloyee is entiledtoget his termination benfti as soon as possoble fromthe date of hsi termination.
In your case the pendency of the SC/ST caste has no relevance to withhold your dues.
Since long time has passed you can apply beofre the Controlling authority to get your Gratuity.
For PF and other statutory benefits you ma approach high court.
1. You had applied to the company to waive the notice period, a request that was not acceded to, hence you ought to have served the notice period mentioned in the original contract. If an option was given in the appointment letter then you should have paid salary in lieu of notice period.
2. Now issue a lawyer's notice to the PSU to seek release of your dues, but it will respond by saying that you have violated the contractual obligations by not serving the notice period. Hence, you will have to file a suit for recovery of money.
In this juncture file a writ before high court is the remedy for getting the F&F dues .
you can issue legal notice to company to recover your dues
2) if company fails to pay file summary suit under order XXXVII of CPC to recover your dues
3) in the alternative file winding up petition against the company
You do not have to worry now, since it has been too long since the inquiry was initiated you do not need to worry now about the status of the said complaint, and since you have handed over the charge and then you left the job you do not have to worry now. Also, you can now only do anything if you receive some notice in future, and that point of time you can show all the required documents.
Advocate, New Delhi
Send them a legal notice for settling your FnF. In case they fail to do so despite the notice, you may approach the High Court.
Simply sending the letter seeking your F&F may not fetch yo any fruitful result
You have to resort to legal action since the wait is too long.
You first send a legal notice to the management of company seeking your dues and then approach appropriate court for recovery of yor dues from the company.
Let the company answer the court the reason for not settling the same.