Full and final settlement pending from educomp sol

If management is not willing to come to settlement, there is no option except to knock the doors of justice.  If you worked as teacher, you are not workperson and school is not industry and Labour laws won't be applicable. Then you have to serve a legal notice and even after that they will not pay, then you have to file a suit for recovery of salary dues.

Dear Sir

I worked as Smart Class Coordinator to Educomp Company, not a teacher, so hope the matter is to be taken up to Labour commissioner too.

Please clarify.

Thanking you

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 “But after that we are trying to get our settlement and relieving letter to join some other company, but till date there is no proper reply from the company HR. “

This implies there are many affected employees.

All affected employees may stand witness to each other.

Forced resignation can be termed deemed termination.

Resignation extracted by force, coercion, intimidation, threat is offence.

All affected employees may jointly approach a competent and experienced labor consultant/service lawyer, show all relevant docs, spend quality time with lawyer, under stand the merits and proceed under expert advice of the lawyer.

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/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

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