My full & final settlement

koushik sarkar (Querist) 24 September 2014 This query is : Resolved
Dear Sir,

Please note the synopsis herewith for your onward necessary action:-

I Koushik Sarkar worked as Project Coordinator in M/s.Kaveri Ultra Polymers P Ltd, Kaveri House, 1st Floor, 132/1, M.G.Road, Kolkata-700007. Phone:033-22695791. Email: sales.cal@kaveri.in, projects.cal@kaveri.in. Website- www.kaveri.in since 20th May 2008.

02.04.13 - I gave resignation Letter to Kaveri - Releasing time by 30.04.13

Reason for Leaving - Getting highly paid salary pkg - PF/HRA + all other benefits - Where in Kaveri they are not paying PF – I intimated several times but they are saying that I am not applicable. Where as anybody join Kaveri under Ultra – they are availing PF

10.04.13 - Salary HOLD (After cross check in my Salary A/c) - Intimate to my superiors Mr.A.k.Ray – Sr.G.M – Project - He informed me that he will discuss with Shri.S.K.Saraogi – Director – so that salary will be remit.
He also insist me to talk with him for the reason behind resignation. - I told him that as my dad health condition was not good and my mental condition is not good so I will talk you later regarding this matter.

NOTE: In the mean time I have started handing over my Job to my colleague (approx 60%)

22.04.13 - I talk with my next boss Mr.A.K.Ray – Sr.G.M – Projects – He informed me to withdraw my resignation and he will try to adjust/match my salary nearer to my offered salary package which I get from new company. And he insist me to not to accept the offered appointment letter. As I am working in this company since 5years hence I accept the proposal of my superiors.

23.04.13 - I have submitted withdraw letter against my resignation letter dt:02.04.13

24.04.13 - I again inform to Shri.A.K.Ray to release the salary as I am facing financial crunches (Holding salary means unable to pay my House rent/Ongoing medical expenses of my dad, My daughter school fees)

09.05.13 - Salary again not remitted to my Account.

NOTE: So March’13+April’13+May’13(upto dated:09.05.13 – Salary DUE)

10.05.13 - I informed to one of my manager that after several intimation Kaveri not releasing my salary – hence without salary I am unable to come daily to office to work. As soon as they will pay the salary I will join duty.

16.05.13 - Letter again sent to release my due salary

18.05.13 - Reminder –I sent a/g my letter Dt:16.05.13

22.05.13 - Reminder-II sent a/g my letter Dt:16.05.13

20.05.13 - I got an offer from a company

23.05.13 - I joined my new company

04.06.13 - Letter sent again to release my salary.

12.06.13 - Letter sent again to release my salary.

11.07.13 - I call to Shri.S.K.Saraogi – Director – to release my salary. I informed him that but holding salary after withdrawing my resignation where it is written to hold my all dues? Then he cut off the Phone.

03.10.2013 - Send Letter to Bangalore A/c. to issue my FORM-16 for the period 2012-2013. But no response i received.

NOTE: I several times inform to Shri.A.K.Ray that if I stay or left I will handed over all the balance job i.e. 40% time to time.

NOTE: Previously many left the company after taking salary but without giving intimation. But I have given my resignation in a proper way. But what I get after agreeing clear cut ward/version of my superiors to withdraw my resignation? Now request you to give your valuable suggestion.

NOTE: My March + April + May(9Days)+ Gratuity + 2012-2013 Bonus + As on date Interest = Approx Rs.1,57,625.00 is Lying DUE

Inform Next course of Action.

regards

Koushik Sarkar
M-9038085003/8961000152

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Kumar Doab (Expert) 24 September 2014
The wages/salary has to be paid on due date as stipulated in various enactments applicable to the establishment.
The employee can lodge a complaint the moment his earned wages are delayed even by a day and employer can be penalized.
Even the FnF wages are to be paid on last day in office/within say next 3 days/max. by usual pay day.
You had withdrawn the resignation.
You have accepted another offer of employment from another employer.
From your post it is not clear whether you have submitted resignation again under proper acknowledgment or not?
You have offered to handover the charge (remaining 40% as posted by you).
Approach your Labor Law Consultant/Service Lawyer AS AP with all docs on record and proceed under expert advice of your lawyer.

The options are:

--Lodge complaint with Inspector under Payment of wages Act if your wages were upto Rs.18000/pm as per def. of wages in this Act.

--Lodge complaint with Inspector under West Bengal Shops and Commercial Establishments Act if you are cover by the def. of employee in this Act.
One of the job of the Inspector is to ensure that FnF wages of employee are paid in time.

--Lodge complaint with O/O Labor Commissioner if you are covered as 'Workman' as in ID Act

--approach civil courts

lodge complaint under u/s 406,420......................file for winding up petition.

--approach employee's unions, trade unions and put pressure................