Issuance of Releiving letter
11 months ago
I was working in private bank and for future growth opt for a new opportunity, put my papers. When only 20 days were left of notice period they put my case in abeyance without knowing the reason. After serving my 90 days notice period informed my bosses and organisation and left the organisation to join my new job. Now it's almost 6 months with regular followup, still not received my releiving letter. In my last mail I was assured by Hr head that will receive my relieving letter in 45-60 days, but now 48 days gone, no progress in case. I am going through mental harrasment for last 6 months. Please guide and advice.
You tender your resignation serving 90 days' notice in compliance with the terms of the contract of employment and on the cessation of the contract of employment with the Company on completion of 90 days of the notice period, the Company is dutybound to issue you relieving letter and disburse your F & F settlement dues failing which it may be treated as victimization and unfair labour practice on the part of the Company. So, until and unless the Company expressly denied to issue you relieving letter and withhold your F & F settlement dues, no steps can be taken at the moment against the Company in the absence of a cause of action. If such cause of action arises before going into litigation you need to serve a legal notice to the Company with a mandate of 10 days to respond failing which you need to visit the Office of the concerned Labour Commissioner with a complaint for non-issue of relieving letter on cessation of employment and non-settlement of your dues by the Company on submission of your resignation along with your offer letter and letter of resignation and other correspondences to resolve your grievance failing which you may file an Application u/s.33C(2) of I D Act to the Labour Court in prescribed form claiming dues from your employer. For any kind of assistance you need for the drafting of a complaint or application before the authority or Labour Court, you may contact our legal team for the purpose along with your all relevant papers
A.Dear Sir,
Please approach the following authority or similar authority in a state
The Office Commissioner of Labour
Section 12 in The Industrial Disputes Act, 1947
12. Duties of conciliation officers.- (relevant section 12(2) of ID Act)
(1) Where any industrial dispute exists or is apprehended, the conciliation officer may, or where the dispute relates to a public utility service and a notice under section 22 has been given, shall hold conciliation proceedings in the prescribed manner.
(2) The conciliation officer shall, for the purpose of bringing about a settlement of the dispute, without delay, investigate the dispute and all matters affecting the merits and the right settlement thereof and may do all such things as he thinks fit for the purpose of inducing the parties to come to a fair and amicable settlement of the dispute.
(3) If a settlement of the dispute or of any of the matters in dispute is arrived at in the course of the conciliation proceedings the conciliationofficer shall send a report thereof to the appropriate Government 1 or an officer authorised in this behalf by the appropriate Government] together with a memorandum of the settlement signed by the parties to the dispute.
(4) If no such settlement is arrived at, the conciliation officer shall, as soon as practicable after the close of the investigation, send to the appropriate Government a full report setting forth the steps taken by him for ascertaining the facts and circumstances relating to the dispute and for bringing about a settlement thereof, together with a full statement of such facts and circumstances, and the reasons on account of which, in his opinion, a settlement could not be arrived at.
(5) If, on a consideration of the report referred to in sub- section (4), the appropriate Government is satisfied that there is a case for reference to a Board, 2 Labour Court, Tribunal or National Tribunal,] it may make such reference. Where the appropriate Government does not make such a reference it shall record and communicate to the parties concerned its reasons therefor.
(6) A report under this section shall be submitted within fourteen days of the commencement of the conciliation proceedings or within such shorter period as may be fixed by the appropriate Government: 3 Provided that, 4 subject to the approval of the conciliation officer,] the time for the submission of the report may be extended by such period as may be agreed upon in writing by all the parties to the dispute.]
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