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full & final settlement

(Querist) 16 February 2010 This query is : Resolved 
I have been issued full & final settlement letter duly signed by HR director subsequent to my resignation acceptance as per that net amount payable to me was 62000/- after deducting all the dues(like laptop keymissing 2600, mobile not working 4600 etc-. I have accepted the same and sent duplicate copy to the HR dept. I was waiting for my cheque but after 2 months of issuing first letter company has issued another full and final settlement letter and deducted rs 27000 against laptop panel broken. Now i have given laptop in absolutely perfect condition except one key missing and same has been acknowledged by the company in first full & final settlement letter where they have deducted only rs 2700 against laptop key missing after inspection of the laptop. Now my question is that how can company deduct 27000 after three months of resignation and company is also ignoring first letter which has been issued to me which is an evidence that laptop was in perfect condition except one key missing. Please suggest how can i proceed further and what are the options available. Thanks Mukul(9560707755)
Raj Kumar Makkad (Expert) 16 February 2010
You should immediately serve a notice to the company through an engaged counsel mentioning all the facts and should demand cheque after deducting Rs. 2700/- as intimated in their first letter failing which you should file a civil suit.
Parveen Kr. Aggarwal (Expert) 17 February 2010
The deduction of Rs. 27,000 by the company by way of second full and final settlement letter does not seem to be justified when they have already issued a FULL AND FINAL SETTLEMENT LETTER. When once full and final settlement letter has been issued how can the same be revised without happening of any subsequent event. The frivolous claim of the company needs to be contested. You must serve a legal notice through counsel as suggested by Mr. Raj Kumar Makkad. Hopefully the company will withdraw the claim made in subsequent letter.
Sarjooram Sharma (Expert) 20 February 2010
What are the pre conditions of full and final settlement. Is there any agreement signed by you? If yes please inform about the conditions so that you may be advised.


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