Will my case stands valid in labour court
I joined klouddata labs Pvt Ltd at ghansoli new Mumbai on 1st August 17 at client side. However I was not assigned any work by client for more than a month. Company also did not issue many employees identity cards. Due to this client manager needed to issue 2day pass every alternate day. Suddenly we were asked to move where benched employees sit with HR, when we went to discuss salary related problems.
Meanwhile salaries were delayed for 2 months, and on 22 SEP 2017 I was asked to leave premises without stating any reason saying I'm still on probation and Company has all rights to terminate employment immediately. My laptop was recovered without consent and no intimation was provided.
Being not identity cards to enter premises we could not enter the premises so I kept on mailing the HR in business operations people about issuing the temporary passes in order to allow entry to the premises however they rejected entry.
In this matter being financially in trouble I took up job at another small firm Wonderbiz technologies Pvt Ltd at Thane. This company has no policies, no proper documentation for offer and appointment letter. I joined them on 22 Oct 17. However, since project assigned to me was not matching technical skills they changed it on 18 Dec ,17 and in 21 Dec 17 HR called me to inform that since my body language is not positive, I discuss project with junior employee and my performance is not satisfactory hence I'd be terminated immediately, however I'll be helped for reference checks etc. Post 45 days I'll get my dues including variable pair which was verbally promised to be hundred percent forms 25% of entire CTC.
Today it's 9th February 18 I did not receive any reply regarding my dues and on the other hand, now they are seen you will be not given hundred percent variable pay as promised because of performance issue, we give it to everyone it depends upon performance.
I've already filed case labour Court against kloud data labs and for 2 conciliation meetings no person from management was present. I need to file case against Wonderbiz Technologies to get my pending dues.
However before filing case like to know if I can even file a case and more importantly is this a valid scenario to file a case.