A.
Dear Client,
In the absence of an offer or appointment letter, there exists neither any relationship nor any obligation between an employee and an employer. It is ridiculous to see how you resume a company and tender your resignation in the absence of an offer letter that governs the relationship between both parties. The practice on the part of the employer is undoubtedly unethical, unfair, and impermissible under the relevant law. So, in the given scenario, if you possess any document or digital evidence that proves your relationship with the company, then serving a legal notice, you may escalate your grievance over the unfair labour practice against the company before the concerned Labour Commissioner or the Chief Inspector, Shops and Establishments, as the case may be seeking seeking their intervention into the matter to resolve the issues. You can simultaneously apply under Section 33C(2) of the ID Act before the Labour Court concerned, claiming your dues receivable post-resignation. 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. If required, consult with an Advocate experienced in service matters to navigate the issue in the right way.
Posted On 10-May-2025
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