Settlement

You may explore the possibilities of settlement. You can approach HR department of the company in this regard.

but my lawyer do not want to talk who can be the next best person to mediate 

Anyone including but not limited to yournown counsel; say Employee'sunions leaders, Trade Union leaders, your own elders of the family, well wishers.................area councillor, neutral persons, reputed persons, community leaders...........etc etc...............

The Labor Officials also conduct conclillaition proceedings...............

If conciliation proceedings fails and i am compelled to file case then will initiating mutual settlement from my end after sending legal notice go against me.

Doors to settle remain open.

Hwever let your own  very able local senior counsel of unshakable repute and integrity specializing in Labor/Service matters opine and advise finally on mode and manner.

What exactly is your matter!

Hope you can reade between the lines.

i have sent legal notice of wrongful termination which the employer did not reply. my lawyer is saying to file case but before doing that i want to give mutual settlement a chance . My question is if i initiate mutual settlemnet and that fails. and later on i file case. will this attempt of mine of failed mutually settlement go against me in eyes of court.

Hope u got my point.

Ur points hv bn responded.

Hope u got our point.

You want to settle the dispute by way of conciliation :-

Before filing of any case you have to approached many person to that company for settlement and from you expression I think that they are not interested to settle and if they are not interested they you may run several department / persons.

After filing of case if you / your’s lawyer oral submit before the labor commissioner for conciliation he/she can help you in legally and in presence of commissioner you can settle that matter. If conciliation fail then as usual case goes and commissioner will pass order.

You have two road which one you need you do.

Jyotirmaya Prasad Behera

Advocate, Orissa High Court

9132319262

can i myself talk to company for mutual settleing. Is there any harm. ? seeing that when have already sent them legal notice

When two parties are involved; anyone can step forward.

However, it shall certainly be better to cunsult your counsels,locally beforehand and prepare and also generate evidenceto avoid any foul play. 

Rest you are closest to facts and persons and may apply your own judgment.

I spoke to the HR for Full and Final payment. They said as i have sent notice for wrongful termination they will send me a email and go according to that. I waited and followed many times but  again and again they gave same reply but email did not came. Almost 1 month have passed in this so I thought they are taking me for a ride and wasting time so now i have sent them written email asking them for F & F payment.

Please adv. what are they upto according to you

finally company has repsonded & they are saying as below. Does it sounds good. should i go ahead. Aprat from F&F should not i ask them some letter which secures my furure employement as they have been bad mouthing a lot and i am facing problem in getting new job.

"we have noted that you have expressed your desire and intention to resign from the company on amicable terms. Please send us a mail that you would like to accept your termination and you shall handover all the assets belonging to the company.Please mention that you are accepting xxxxx amount as full and final settlement and further to this there will be no dues on either sides.We will process your settlement cheque and dispatch the same to your reporting office and you may handover all the assets belonging to the company which is in your possession and collect your cheque by signing and accepting the full and final settlement. You shall state that there are no-dues to you from the company."

It is good that you have brought the employer and its attorneys in line management/HR/admin/legal cells to this situation by your skills.