Full and final settlement not paid
Raymoefter
(Querist) 20 October 2014
This query is : Resolved
Respected Panelists,
Request Your Valuable Advice on the following,
I was working for a Financial Services Company and had resigned from the Job and my last working day was 31 Aug 2010 after serving 1 months notice period.
They have issued me the relieving certificate dated 23 sept 2010. its been four years and they are still not ready to settle my dues. When I started inquiring about my dues with the head office they told me that they have released the same to my regional office and the regional office is holding it back.
When I mailed them for my final settlement they wrote back saying that there is a client compliant and I have to get a satisfactory letter from the client to get my dues released.
I wrote back to the company saying that I dont agree to any of the contents raised by the client and since I was neither the relationship manager nor the dealer for the client and the client used to transact on his own, I cant be held responsible for his portfolio devaluation. I had provided only professional advice and the clients portfolio value came down because of market conditions prevailing during 2008-2010 wherein markets all over the world had collapsed.
Sir, I wanted to know what are my legal and other options and can they hold back my dues even after they have given my relieving letter.
Request your valuable feedback
Thanks a lot.
ajay sethi
(Expert) 20 October 2014
your claim is barred by limitation . you should take legal proceedings against the company within period of 3 years
Raymoefter
(Querist) 20 October 2014
Hi Mr. Sethi,
Thanks for your revert. But is there no way I can claim my settlement.
Thanks
Devajyoti Barman
(Expert) 20 October 2014
Now only criminal case of cheating and criminal breach of trust can be filed.
However if they admit your claim in the meantime then you can file money suit to get back your money.
Rajendra K Goyal
(Expert) 20 October 2014
Send registered letter to your regional office and head office to pay your claim. If they acknowledge the liability, you can file case after sending legal notice.
Lodging FIR is also an option as advised by the expert, if police does not lodge FIR file direct complaint u/s 156(3).
V R SHROFF
(Expert) 22 October 2014
Issue notice.
Well advised by above experts
Kumar Doab
(Expert) 23 October 2014
There is no limitation on payment of earned wages.
Approach your Labor Law Consultant with all papers on records.
A lawyer handling criminal cases May also be approached.
(Expert) 22 October 2014
