Employer not paying Full and Final Settlement

Querist : Anonymous (Querist) 10 January 2011 This query is : Resolved
Hi All,

I worked for a company for more than 2 years in Noida. I left the organization in 2009 but still my full and final settlement is pending with them whenever i ask for this they make excuse of fund shortage?

Can i take any legal action against them in Consumer Court? if yes then please provide with the procedure also..

Thanks in advance.

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Amit Minocha (Expert) 10 January 2011
Not in Consumer Court but a Civil Court or labour commissioner. your right to claim would expire after 3 yrs. amitminocha@yahoo.com

Querist : Anonymous (Querist) 10 January 2011
Thanks a lot for your quick reply.

Do i need to hire a lawyer for that?

Also is it worth to go for a amount of around 35K or lawyer's fee will be extra burden on me?

Also can i also take case few other colleagues and file a case together?

Parveen Kr. Aggarwal (Expert) 10 January 2011
It is not legally necessary to avail the services of a lawyer.

You must enforce your lawful claim. In case your suit is decreed, the court will grant costs of the suit in your favour which will include court fee and other expenses as well the the pleader's fee. For claiming the pleader's fee, you will have to get certificate of fee filed in the court.

The cases of other colleagues may be having different causes of action and if you join them in your suit, the suit may become bad for mis-joinder of causes of action.

H.M.Patnaik (Expert) 11 January 2011
A complaint petition can be filed by the workman himself for recovery of outstanding dues from previous employers before the Dist. Labour Officer of the district.

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