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Full and final payment

(Querist) 15 November 2011 This query is : Resolved 

HI ONE AND ALL

I have worked as a divisional head at Aditya Birla retail Ltd. I have resigned to the job on Ist of July.So far I haven't received my full and final settlement. I had contacted HR Manager several times but I didn't get any proper answer from him. They are just saying that it will done in next month. Today its almost 4 months but still i didn't receive my last month salary and other allowances.

could you please help me with what should be my next plan of action.My email ID chaitanya.mulla@gmail.com

Thanks & Regards

Chaitanya Mulla
Devajyoti Barman (Expert) 15 November 2011
You have got several remedies under both civil and criminal jurisprudence.

You can file a civil suit for recovery of the arrears amount.

Alternatively you could file criminal case for criminal breach of trust and or cheating etc.

But before resorting to any of these it would be prudent if you send a notice through an advocate asking for the payment of arrears amount.
Guest (Expert) 15 November 2011
Dear Chaitanya,

Did you make any correspondence in writing with the HR department of the company so far? If so, what is the outcome? If you had been making only phonic enquiry, please send a written representation in polite language right now. On receipt of any response, you may visit this experts forum for further advice, if any needed.
Rajeev Kumar (Expert) 15 November 2011
I do agree with Mr.Dhingra
Kirti Kar Tripathi (Expert) 15 November 2011
What post you were holding just prior to resignation. The forum and relief can ne decided on after knowing this fact.
Sailesh Kumar Shah (Expert) 15 November 2011
it seems that you have not make written communication, before going to take any action, written communication is essential.
Kirti Kar Tripathi (Expert) 16 November 2011
So many times I have clarified that that while asking queries regarding payment of salary, terminal dues and/or other dues from employers, please disclose status of the employee so that proper reply can be given but unfortunately the such information is not not supplied. Thus purpose of asking query gets frustrated. Thus it is my request kindly provide such basic information to enable the experts to give just ind proper advice.
Kirti Kar Tripathi (Expert) 16 November 2011
Since you were Divisional Head, You were holding managerial post as such proper remedy for you to file suit for recovery of amount in Civil Court.


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