Experience letter not given by employer in unauthorised termination

Dear Client,
From the contents of the query, it appears that the company adopted unfair labour practices as defined under Section 2(ra) of the Industrial Disputes Act, 1947. Regardless of the reasons, on cessation of employment either by resignation or retirement, or termination, an employee is entitled to an experience certificate, relieving letter, and F & F settlement dues from his employer within 30 days of the last working day (LWD). Further, a termination or retrenchment other than a disciplinary action for proven misconduct amounts to illegal termination/retrenchment and is defined as an industrial dispute under Section 2A of the Industrial Dispute Act, 1947 which also violated the mandatory provision of Sec.25F and 25N of the Act that prescribed certain conditions to comply with by the employer before termination/retrenchment of a workman/employee from the employment. In that scenario, the terminated employee/workman serving a legal notice to the Company can raise an industrial dispute directly before the Industrial Tribunal/Labor Court concerned within one year from termination for adjudication seeking reinstatement with back wages and other service-oriented benefits, provided you are not holding the position of Manager/Supervisor but a workman as defined u/s.2(s) of the Industrial Dispute Act. Otherwise, in case you are holding the position of Manager/Administrative Officer in the Company, you have to file a civil suit before the Civil Court seeking appropriate relief in the matter. Further, the SAMADHAN Portal was launched by the Ministry of Labour and Employment to facilitate the filing of industrial disputes by the workmen, employers, and trade unions under the Industrial Disputes Act, 1947. The online portal has a user-friendly interface and has enhanced transparency and efficiency of grievance resolution for all stakeholders. The workmen/trade unions/management can file their disputes and claims by logging into the portal through the UMANG app and also by visiting the nearest Common Services Centres.

Dear client,

It's truly unfair of your employer to withhold your experience letter, especially after an unauthorized termination and providing the final settlement.
If an employee is terminated without due process and denied an experience or relieving letter despite receiving final settlement, they have several legal remedies under Indian labor law.
Firstly, they can file a complaint under the Shops and Establishments Act applicable in their state, as abrupt termination without a proper inquiry or show-cause notice is unlawful. This Act also mandates that employers must issue an experience certificate upon termination or resignation. Additionally, under the Industrial Disputes Act, 1947, non-supervisory employees have protection against unjust termination and can seek relief, including direction to the employer to issue experience and relieving letters. If informal complaints or requests to the employer are ignored, the employee can send a legal notice through an advocate, asserting their rights and warning of further legal action. The employee may also approach the Labour Commissioner to lodge a formal complaint, and if necessary, escalate the matter to the Labour Court, which has the authority to order the employer to issue the required documents and award compensation for any loss or harassment suffered.