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Regarding final settlement after termination of employment

(Querist) 16 November 2009 This query is : Resolved 
Dear sir,
If a sales employee,who is working for 3 yrs and inducted permanently after successful completion of 6 month probation period in pharma/chemical company and was terminated without any show cause and piror notice or retrench benifits.and company was not willing to settle the final account including last 2 months salary and expenses and also the company was not providing the of an employee.Under this circumstance can this employee approach the labour court for getting relief?
A V Vishal (Expert) 16 November 2009
Based on the clauses pertaining to matters concerning termination or resignation in the contract of employment, the aggrieved employee can approach labour court or even file a suit for recovery of money against the employer, but it is advised to send a legal notice before initiating any action.
adv. rajeev ( rajoo ) (Expert) 16 November 2009
First you send a legal notice to the company instructing them to settle the account, pay the arreras if any and to provide the detils of PF.
The same thing was happened withmy frnd /client. I had issued a notice to RNS Hotels after receipt of the notice they settled his account.
Kiran Kumar (Expert) 16 November 2009
i agree with Vishal Ji....even if u approach labour court they will first send the matter for concilliation.
Raj Kumar Makkad (Expert) 16 November 2009
First of all raise a demand notice against the company through your local Labour-cum-Conciliation Officer (5 copies) and this authority shall issue the notice to the opposite party and shall try to settle the matter at its level and if company still not clears your dues then definitely it shall refer the matter to the Labour Commissioner of the State from where the matter can be sent to the Labour Court and regular case therein shall start.

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