Employer cheated me on f&f settlement...need advice

Hi

You can file a labour case for f&F settlement in chennai only.

Your documents are enough now

Regards

Muthukumar PS

 

The company is covered under Tamilnadu shops and Establishments Act.

 

For unpaid wages you can approach Trade Unions, Inspector under Tamilnadu  Shops and Establishments Act, Inspector under Payment of Wages Act, Labor Inspector. The contact details can be obtained from o/o Labor Commissioner.

 

Your lawyer can represent you. 

 

 There are threads indicating that employees have lodged criminal complaint under Sec 406, 420 and also that employee can treat unpaid wages as debt on employer approach employer as creditor. e.g;

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=72011&offset=1#.UboDXNhVMgt

 

 There are many threads on similar queries which you may find relevant and useful.

e.g;

https://www.lawyersclubindia.com/forum/Salary-not-payed-82310.asp#.UboA-dhVMgs

https://www.lawyersclubindia.com/forum/Salary-not-payed-82310.asp#.Ubc5P_lVPxp

https://www.lawyersclubindia.com/forum/Employer-not-paying-salary--82331.asp#.Ubc5qflVPxo

https://www.lawyersclubindia.com/forum/Non-payment-of-salary-81896.asp#.UbAThNKAqWM

https://www.lawyersclubindia.com/forum/Full-and-final-settlement-not-paid--76066.asp#.UbAUUNKAqWM

https://www.lawyersclubindia.com/forum/Non-payment-of-full-final-sattelment-81866.asp#.UbAUwNKAqWM

 

https://www.lawyersclubindia.com/forum/Neither-resigned-nor-terminated-salary-unpaid--81683.asp#.UbAVCNKAqWM

https://www.lawyersclubindia.com/forum/Wages-not-paid-by-employer-81628.asp#.UbAVHdKAqWM

 

 

 

 

 

 

 

 

 

Thank you Muthu and Kumar Doab for your contribution, your inputs were excellent.

I will proceed with  Legal action.

how much cost will happen for this process? sending lawyer notice

this employer is very cunning , he will say that " I will pay "   I dont say that "I will not pay"  but it will take time. .he will keep on prolonging like this.

so, will the lawyer notice work for this type of people. ??

can somebody suggest me good lawyer in CHENNAI whose expertise in these type cases

 

If you wish to avail the services of LCI lawyer/law firm you can conduct search at:

https://www.lawyersclubindia.com/lawyers_search/#.UcslrjuAqWM

 

Your near and dear ones can also guide you to a competent lawyer/law firm specializing in labor/service matters.

 

 

Hi Kumar,

One more follow up Qstn .

Can i take legal action after 6 months or after 9 months from the Date of relieving from the previous company ??

Because right now iam searching for another job. If i send legal notice to the previuos employer, he may keep any grudge on me and may not give proper feedback to my new company(when 3rd party verification) .

So, i am thinking to postpone legal action untill i got settled in new company ..Wht do u say??

Hi Doss

It is better to keep in touch with the previous employer in a good manner and keep asking your pending dues every month and try to get their confirmation that they will pay with in one month or three month or six month like...

On the same time keep searching your new job and you will be questioned for the delay when you file a case then you can say that employer itself requested time to pay the pending your dues and thats why you have not filed the case with in the specified time. But normaly labour court will accept reasonable time delay with sufficient explanation at the time filing.

Regards

Muthukumar PS

 

Submit your permanent address in writing to this employer for sending all communications to you.

Try to record the conversations during which the employer makes a confirmation to pay. Keep the original phone bills. Narrate the minutes of discussion of each conversation in writing even if by email from your email id in company record to official email id of the company. Follow up by letter thru redg. post (obtain POD from PO)  and mention all previous discussions date wise. Thus build a favorable record.

 

Approach a lawyer in your city and let your lawyer confirm that you shall be covered as ‘Workman” or ‘Employee’ or not.

 

If you are not covered the limitation period of 3 years may apply in your case.

 

You should also wish that this company is not closed or liquidated till you recover your unpaid wages/dues.

 

If this employer makes an adverse comment try and obtain copy/comments from next company. This may help you to sue the past employer. If such situation arises demand to examine your personnel file containing declared and undeclared comments on your conduct and employment.

 

 

 

well elaborated by Mr Kumar Doab

Dear Kumar Doab, As said by sudhir ji , your answer was perfect and rationale ..Thank you ji I am sending mails to the people, they were not answering to any , they are very experienced in playing this type games. they knw how to escape from the scene. Now My Qstn is if i sent a lawyer notice to them, what if they wont reply to that also..like they lie that they have not received any thing in courier or post Regards Doss

 

“like they lie that they have not received any thing in courier or post “

 

It is felt that:

 

The record of speed post is maintained by PO for 3 months, and record of redg. post for 18 months.

 

After 10 days or so the sender can apply for POD. One POD generated from intranet of PO, duly signed/stamped by sub/postmaster is supplied free of cost.

The sender can also apply (by paying a fee of Rs.10/) for certified copy of run sheet of postman on which postman obtains signature and seal of company. If  it is redg. post with AD the postman prefers to handover the cover to the recipient on whose name cover is booked. The sender can also add tag so that postman asks to show id of the recipient.

 

Thus redg. post is better.

 

The POD by PO is accepted by courts of law. In case the recipient, makes a false statement on not having received the redg. post, the sender can accuse the PO and PO can accuse the recipient under sections like 420 etc………..

 

If the need be sender can peruse RTI route within the period of 18 months for redg. post….

 

You may inquire from your local GPO/Head PO/PO and meet the Post Master, and obtain the rules.

 

For the benefit of all members, do post your findings in this thread.

 

The POD, and movement of redg. post can also be tracked from website of:

 

www.indiapost.gov.in

 

Having downloaded the requisite infor from website the sender can attach the scanned copy of the letters and delivery report to the recipient, thru emails……………………

 

Still if the recipient wishes to deny, it is their choice. Who can stop them from uttering or writing whatever they want.

 

If they want their resolve to be tested in a lawful manner and leave their fate to be decided by a lawful authority, then let a lawful authority decide their fate……………

 

All depends upon your resolve and evidence you have or you build………….

 

 

Your lawyer should know how to defend you.

 

 

Rest is up to you. You may proceed as deemed fit and suitable as your end.

Hi Kumar,

 

Again your answer was at the best. infact you have given me a tip of courage and confidence to handle this issue. I will proceed with lawyer notice.

 

God bless you friend

 

Regards

Doss