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Need relieving letter from employer

(Querist) 26 December 2014 This query is : Resolved 
Dear Sirs,

Request your expert advice on my case, the facts and queries of which are as follows: -

Facts of case:
I am working as Head - Finance & Accounts in a Company. My boss is the MD & CEO of the Company has held back my relieving letter. As per my appointment letter I have only 1 month notice period. I have resigned nearly 4 months back and my resignation got accepted conditionally 2.5 months back with completion of an activity. Now that activity has been completed but my boss is signing off the exit checklist and not issuing me relieving letter. Due to bad financial health, the Company has paid salary only for 2 months out of past 5 months. During this tenure I have suffered a lot on my health, family, savings, job opportunities, reputation, etc. I am feeling mentally harrassed and exploited.

Queries:
1. What all legal actions I can take to get the relieving?

2. Can I take any legal action against my boss and Company on the losses I suffered and the salary I haven't got? What are the Sections / clauses of concerned Acts under which action can be taken?

3. Can I file an FIR against my boss in this case?

Request:
Please suggest a legal course of action. Thanks in anticipation for the advice and support.

Isaac Gabriel (Expert) 26 December 2014
You have worked for 5 months it seems.It is not wise to initiate legal action as it will of time consuming.It is better to seek somother job rather wasting your time.Any way issue notice first.
Devajyoti Barman (Expert) 26 December 2014
You can file criminal case of cheating and criminal breach of trust.
You can file civil suit for damages as well.
But in any event mutual settlement is most suitable for you.
Devajyoti Barman (Expert) 26 December 2014
You can file criminal case of cheating and criminal breach of trust.
You can file civil suit for damages as well.
But in any event mutual settlement is most suitable for you.
Kumar Doab (Expert) 26 December 2014
Obtain the signed exit checklist.
Download the evidence of conditional acceptance and completion of activity that was attached as condition....

Employee can lodge complaint the moment payment of earned wages is delayed even by a day from the fixed/usual pay day.....

Unpaid wages is debt on employer....


You lawyer may opine that you can lodge complaint u/s 406,420.....and file for winding up the company..........

You may find the following thread and judgement cited/attached in it as useful:::


http://www.lawyersclubindia.com/forum/Winding-up-petition-by-ex-employees-99326.asp


Dr J C Vashista (Expert) 27 December 2014
Very well advised by experts, more particularly by Sh. Kumar Doab, I appreciate and agree, no room left, proceed.
Rajendra K Goyal (Expert) 27 December 2014
Agree with the advise of expert Kumar Doab.
ajay sethi (Expert) 27 December 2014
agree with Mr kumar
T. Kalaiselvan, Advocate (Expert) 28 December 2014
I too agree with the experts views and opinions.


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