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Full and final settlement was not done by employer.

(Querist) 16 August 2018 This query is : Open 
Dear Sir/Madam,

I (Kirti Sagar Singh) S/O - Mr. Jitendra Narayan Singh, was working with Emkor Solution Limited (CIN - U74140DL2012PLC229812, Registered address - 511/2/1 RAJOKRI NEW DELHI DL 110038 IN, Corporate Address - 345-348, TOWER B SPAZE ITECH PARK, SECTOR 49 GURGAON 122018, latter shifted to - UNIT NO- 547,549 & 550, FIFTH FLOOR, TOWER B, SPAZE ITECH PARK, SECTOR 49, GURGAON 122018) E-code 1051 from March 20, 2013 to December 04, 2015.

Emkor Solutions Limited is holding my last three months’ salary (September, October, November, till 4th December 2015, and previously declared bonus. They have also deducted TDS on amount part of my agreement, and issued the salary slip. However, payment has not been made.

As per letter given by Employer, my Full and Final settlement should have been processed within 120 days from my last working days (December 04, 2015).

I tried to approach the employer (Emkor Solution Limited) including MD CEO - Mr. Vikram Dham (DIN – 05153494) through various mode in this regard. However, did not receive even a single revert. I am still waiting for My full and final statement and employer is not responding. The company has also closed their operation now, however active with ROC/MCA.

I also registered Grievances with the concerned authority. However, did not receive resolution.

Could you please guide me the way forward.

Thanks,
Kirti Sagar Singh
Siddharth Jain (Expert) 16 August 2018
Hi Kirti,
In Present case scenario you will have to server legal notice to your employer asking him to pay the entire dues of 3 months along with interest and compensation within 15 days of the receipt of the legal notice.

If he fails to do so we'll have to file a suit for recovery of money in Civil Court against your employer where in you can claim litigation expenses to along with the aforementioned amounts.

For any other queries feel free to contact me at isidjain1@gmail.com
Kirti Sagar Singh (Querist) 18 August 2018
Hi Siddharth,

Thank you very much for your valuable suggestion. I would like to discuss the case in details with you and take it further.


Thanks,

Kirti Sagar Singh


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