Relieving Letter for Resigned Employees
10 months ago
I joined Bajaj Allianz Life insurance company limited on 01-10-2021. For better career prospect I resigned from the job on 17th May, 2023 and accordingly had 1 month notice period. However I could not attend office after 23rd May due to some family issues. Meanwhile company issued me absconding letter and later they sent the termination letter mentioning voluntarily abandonment of services cum termination. Now, I want my relieving letter but company is adamant about that and they agreed to remove the termination if I continue with my jobm Please help regarding this as 8 need the relieving letter having served 1 year and 7 months.
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.]
The term "Voluntary abandonment" of a job and "Termination" from a job is defined differently in the relevant Law. Abandonment from service without notice to the employer is termed as misconduct that attracts show cause and without the issue of show cause to the employee and conducting a domestic inquiry into the said show cause if the employee is terminated without giving an opportunity to him following the principle of natural justice especially when the employee has tendered his resignation following the notice period is literally termed as illegal termination from service being victimized and unfair labour practice on the part of the employer. Once an employee tenders his resignation from the Company serving a notice, the Company is duty bound to issue relieving letter to the ex-employee and liable for disbursement of F & F Settlement dues after adjustment of salary in lieu of notice when he fails to serve the notice period for any unavoidable reason. So, if the employee fails to serve the notice period that cannot be treated as the abandonment of service and that cannot be a ground of termination in the absence of compliance of the standing procedure of model standing orders followed in an establishment in the absence of certified standing orders. So reach out to the office of the Labour Commissioner concerned for filing a complaint against the employer for arbitrary and illegal retrenchment from employment without following the mandatory provisions of I D Act failing which you can also raise an industrial dispute before the concerned Labour Commissioner and I D u/s.2A of I D Act directly before the Central Govt. Industrial Tribunal or State Industrial Tribunal depending upon the class of establishment you belong. Apart you can also file an application u/s.33C(2) of the I D Act before the concerned Labour Court claiming dues from your employer. In case you need any assistance in the matter of drafting the complaint or for raising a dispute under I D Act before the Industrial Tribunal you may contact our legal team with the relevant papers.
The most prudent way to go about this would be to negotiate getting your relieving letter with your superior officers. The company policy might mandate certain action on behalf of the companies, but you mention family issues being the circumstances due to which you did what you did. This might be taken into consideration in some cases, and you can give this a shot
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