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amy.......... (..............)     12 July 2013

Full and final settlement

Dear Sir,

 

Greeting of the day....!

 

Last year in July 2012 I had given resignation in my company and was relived  after serving proper notice period of I month. I did not received my salary after March 2012 till date. That time they told me that  they  will give me all in my Full and Final settlement ( ie. Salary of April, May, June and some days of July + last 2 year medical, LTA + Bonus +PF). But I didn’t get it that time. I was told that company didn’t have enough funds… and when they will arrange some funds they will pay me.

 

Amount accumulated to 1.9 lakh for 3 months salary ( though they have paid some partial amount in Last oct of 20,000 and some 10,000 in Jan.  So Net which is pending from there side is approx. 1.6 lakh.

 

I have been in constant touch with them either through Mail or phone  to release this payment. But nothing has come up in positive side.

 

Let me know what steps can I take to get my hard earned money back. I thought of filing a case. Against them but came to know that about 15 other employee in past had already filed  a case against them. And nothing has come up. For some they re still waiting for full and final for last 3 year…

 

Please guide me how quickly can I get back my hard earned money.

 

I also heard about few legal person who take commission from you some % age of total money to be recovered but they get in on behalf of you.

 

If anyone know any such contact please let me know.

 

My company is in Gurgaon, Sec 15,

 

You can get in touch with me at

 

amy.mba007@gmail.com



Learning

 1 Replies

Kumar Doab (FIN)     13 July 2013

In addition to the Industrial Disputes Act, 1947, several states also provide for compliances under the Shops & Establishment Acts, Standing Orders Act…………. So, if the employee falls within the definition which has been provided under these enactments, then he would be protected up to that extent.

 Designation alone does not decide employee is a ‘Workman’ as in ID act and ‘Employee’ as in Shops & Establishment Act.

 

Your lawyer may ask you a set of structured questions and may opine that you are covered by these/either of these enactments.

 

 Let us assume that you are not covered by either of these enactments and the forum for you to agitate would be civil court…………………

You have stated “Let me know what steps can I take to get my hard earned money back. I thought of filing a case. Against them but came to know that about 15 other employee in past had already filed  a case against them. And nothing has come up. 

This implies there are many affected employees.

If you are member of some trade union it can help.

Your lawyer may opine that the employees can approach: Civil Court, o/o Labor commissioner, Inspector under Shops and establishments Act, Inspector under Payment of Wage Act (applicable to all employees drawing wages up to Rs.18000/pm)………………

Seek your lawyers counsel to understand the merits in filing criminal complaint under sec. 406,420.......

and approaching the employer as creditor and treating the unpaid wages as debt on employer.

There are many threads you may find useful:

Valuable advice of learned experts is sought.

 

https://www.lawyersclubindia.com/forum/Full-and-final-settlement-pending-from-educomp-sol-84057.asp#.UeGYrNKAqWM


https://www.lawyersclubindia.com/forum/Performance-incentive-not-paid-83562.asp#.UdxGATuAqWM

https://www.lawyersclubindia.com/experts/Service-matters-regarding-notice-period-and-relieving-from-service-403836.asp#.UdxGGDuAqWM

https://www.lawyersclubindia.com/forum/Regarding-pending-salary-pf-83511.asp#.UdFFcTuAqWM

 

https://www.lawyersclubindia.com/forum/Employer-cheated-me-on-f-f-settlement-need-advice-83024.asp#.Uc67HTuAqWM

 

https://www.lawyersclubindia.com/forum/Salsry-on-hold-83258.asp#.Uc67STuAqWM

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

 

 

 

 We are not aware of any lawyer who may agree to work for commission.


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