RAJEEV PUNJABI (ASTT. GENERAL MANAGER) 03 January 2014

Full & final settlemengt

I worked for a Limited company based in Hyderabad for two years as Astt General Manager - North with a basic salary of 35,000/- per month. I resigned in April 2012 by giving the required one month notice. Even after repeated follow-up for my full & final settlemt, the company has not cleared my dues, which includes travel and other expenses. I am a resident of Faridabad, Haryana and appointment letter also shows this as my residential address. The appointment letter was issued by Executive Director in Hyderabad. I would like to know following.

1) Am I eligible to claim my full& final settlement through legal ways?

2) If yes then where should i file a complaint? In Faridabad or in Hyderabad?

3) Is there any other way out?

4) Please suggest some good lawyer.

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2 Replies

Kumar Doab (FIN) 03 January 2014

As AGM you may not be covered as ‘Workman’ as in ID Act and “Employee” as in Shops and Commercial Establishments Act of the state...................

As the salary (or wages as defined in Payment of Wages Act) may be above Rs.18000/pm the employee may not be allowed to agitate under Payment of Wages Act.............................................The period of 1Y as stated in this act also seems to be over.

However it shall be appropriate to consult a competent and experienced Labor Consultant/service lawyer and the lawyer after examining the documents and asking a set of structured questions can opine that employee would be covered by these enactments or not.

If the employee is not covered he may have to file civil suite for recovery of wages and tour bills.

In such a case the limitation period may be 3 years, hence the employee may act in time.

You have given very long rope to this employer.

There many threads on similar issues e.g;

https://www.lawyersclubindia.com/forum/Delay-in-receiving-salary-95074.asp#.UsZqwtIW1MA

https://www.lawyersclubindia.com/forum/About-fnf-94924.asp#.UsUKDNIW1MA

https://www.lawyersclubindia.com/forum/Not-getting-salary-for-the-last-2-months-94910.asp#.UsUKI9IW1MA

https://www.lawyersclubindia.com/forum/Non-payment-of-full-n-final-by-the-employer-79800.asp#.UsUKa9IW1MA

If the employer has not been paying wages it must have defaulted on PF, TDS too......................and in such a case the regulators can be approached.

Jurisdiction of courts shall be last location of employee/redg. office or HO of the company/jurisdictional courts as stated in appointment letter..............................

Company may agitate for the jurisdiction as stated in appointment letter..............................

The company may yield to your demands or to legal notice by your lawyer.

However seek your lawyer’s opinion.

The service lawyer that has seen all of your docs and has analyzed your inputs can advice you the best.

If you wish to avail the services of LCI lawyer you can search at:

https://www.lawyersclubindia.com/lawyers_search/#.UsWS7NIW1MA

Adv k . mahesh (advocate) 06 January 2014

yes you can file a legal for recovery of money suit where the office is located and before that first make sure your correspondence should be through letter with proper acknowlegement of the company on all the documents