Indian Law/Re-Leaving Letter
Thanks for our time
I was working with a company XYZ pvt ltd for 1 yrs and 2 months.
I marked my resignation on mail to project manager with TL in the loop dated 08-09-2011 but i didn't recieve any response from project manager that time which i deemed it was accepted and continued my service till 31-12-2011 after which i didn't came to office due to some personal tragedy.At the time of appointment the contract signed was a 2 month notice which i served.
After i came to the terms with tragedy i got selected in another company and they demanded me relieving letter from my previous employer for which i approached my project manager who agreed to send me one and i recieved it from TL's mail who told me that project manager has send it for me.I submitted the same to my new employer who after verifying informed me that my previous employer is not endorsing it.When i approached them they cite the reason that you have not marked the resignation mail when i show the mail they say the mail id of project manager is not correct nor have you marked resignation on HR Crest which was not there in the appointment terms and have struck off my name from pay rolls due to being absent from my duties and hence can't provide any relieving letter.
If that would have been the case they should have sent a show cause notice before struck off me from payrol which they didn't and if there was any HR Policy updation for resignation then they should have informed employees of entry level also which neither HR nor Project manager did.
I would like to know
1.if i can lodge a complaint of fraud against the fake issuance of relieving letter.
2.Can they stop my relieving letter as per any ruling of company act
3.what are the steps i should take to get a proper relieving letter if they don't compromise which they are not due to which i have already lost my job.
4.What are the rules for company to not issue an relieving according to labour law of the land.
I hope i'm clearer this time
Seems you have a good case.
You need to make out a case stating all facts in chronological order and send a registered letter to your previous employer addressing it to your HR Manager, your Line Manager and the CEO requesting for relieving letter within 7 days time and further stating that in case of their failing to issue it, you will be constrained to initiate appropriate legal action against the company and also complain about the company to NASSCOM and other authorities as appropriate.
My gut feel is, you will get the desired result upon the above.
If you don't, then you will have to consult with a lawyer for further action and proceed accordingly.