Confused About Absconding and Salary Hold During Notice Period – Need Advice!

I worked for 7 months in a company. Then, I resigned from duty in order to pursue higher studies. I resigned on the 15th of August, resulting in the hold of my salary for that month. My exit template was with the company, and my last day was supposed to be on the 14th of September. However, on the 4th of September, I fell ill and could not go to the office. I informed my team leader of the situation, and he advised me to stay at home, mentioning that there would be a deduction for the remaining 10 days and that I would receive my full and final settlement (FNF) along with an experience letter.

On the 14th of September, I received a letter from the company stating that I should return to duty within 2 days of receiving the letter; otherwise, I would be considered absconded. I went to the office the same day, but the company claimed that the letter was insignificant and that I was already considered absconded. They mentioned that I would receive the next letter shortly. Now they are refusing to release my salary of over a month, and they are denying me an experience letter.

Is it true that even if I arrived on time as mentioned in the letter, I would still be considered absconded? Are they authorized to withhold my salary despite my service of 2/3 of the notice period? Even those who absconded receive their salaries before leaving.

Please assist me with this matter.

Understanding Notice Period Obligations

The service of a notice period is based on principles from the Indian Contract Act. One such principle is the "Impossibility of Performance." If you were so ill that it was impossible or unreasonable for you to attend the office, the company cannot penalize you for this. If you are an employee covered under the Payment of Wages Act, you can contact your area labor inspector for relief on two points: the principle of reasonableness or natural justice not being followed, along with the violation of the Indian Contract Act.

Steps to Address the Issue

1) Obtain a medical certificate from the doctor who treated you during that period.
2) Prepare a letter explaining why the company was wrong in treating you this way, and attach the certificate. Also, request your unpaid salary.
3) If they do not pay, approach the labor department if you are covered by the Payment of Wages Act or the Shops & Establishments Act.

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Regards