FnF Settlement

On the facts stated, you appear to have a prima facie case against the employer for wrongful/illegal termination and withholding of your lawful dues, subject to examination of your appointment letter, designation and nature of duties. You were employed with Shidhbali Formulation from 01.04.2024 and, as stated by you, on 10.05.2026, Mr. Sanjeev Sangal, Managing Director of the Company, orally directed you not to report for duty from the following day, without assigning any reason, and thereafter your entry into the establishment was prohibited. You did not tender any resignation, and therefore the subsequent demand of the Company that you first submit a formal resignation before your Full and Final Settlement is released is legally objectionable and appears to be an attempt to retrospectively portray an employer-initiated termination as a voluntary resignation. You should not submit a resignation merely for the purpose of obtaining your dues, particularly when the termination was initiated by the employer. Depending upon your designation and the nature of your duties, the provisions of the applicable labour laws, including the U.P. Shops and Commercial Establishments Act, 1962, and, where applicable, the Industrial Relations Code, 2020, may provide remedies relating to termination, notice pay and recovery of statutory dues. Your earlier written complaint before the Labour Office is also relevant and should be referred to in the legal notice, particularly if you possess an acknowledgement or receipt. Since you have now joined another organisation, reinstatement may not be the most practical relief, and the notice should primarily seek payment of all outstanding salary and other contractual/statutory dues, salary in lieu of the applicable notice period, leave encashment and other admissible benefits, along with issuance of the relieving/service/experience documents. The email or communication in which the Company has stated that you must first submit a formal resignation before your dues will be cleared is particularly important evidence and should be preserved and annexed to the legal notice. The notice should clearly record that you never resigned and that your services were discontinued at the instance of the Company, and should call upon the Company to release your entire lawful dues within a stipulated period, failing which appropriate proceedings before the competent Labour Authority/Labour Court/other appropriate forum shall be initiated at the Company's risk as to costs and consequences. One point requires immediate clarification: you have stated that your employment was from 01.04.2024 to 10.11.2025, but that your termination occurred on 10.05.2026; these dates appear inconsistent and must be corrected before issuing the legal notice