MNM (Professional) 18 February 2015

Full and final settlement

Dear Sir,

I had worked in an Engineering Consultancy (pvt. Ltd. Company) at Kolkata Regional Office, (Head office based on Gurgaon). After resignation, I have received Full and Final Settlement (F&F calculation sheet), where official tour & local conveyance has not been incorporated. So, I was unable to provide confirmation on full & final settlement & dues from my end, which is pending since 2013.

More than a year back I have visited regional office of that company to pursue F& F Settlement. Thereafter several communication has been made through email and received assurance that the payment will be released soon but till date no payment has been received. Now the authority asking me to again visit office for settlement which seems to me an attempted to further delay the F&F settlement. Whereas I have requested Full and Final Settlement (F&F calculation sheet) statement.

Considering above please let me know what options left for me now.

1. Serving legal notice (considering that past all communication was email based). And prerequisite for serving legal notice.

2. After Serving Legal Notice can I file a case in Kolkata High Court, considering the Head office is based on Gurgaon. If it is, then under which act.

3. After Serving Legal Notice can I file a case in Kolkata High Court, considering the Head office is based on Gurgaon. If it is, then under which act.

4. May I claim compensation for harassment and interest for the entire period for the same on the amount payable to me.

Valuable guidance of the learned experts/members is sought.

Thanks and Regards,

MNM

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1 Replies

Kumar Doab (FIN) 18 February 2015

Do you have acknowledgment of having submitted tour bills?

Did company incorporate Bonus,Leave encashment,Gratuity in FnF statement?

You may submit final representation addressed to god offices of appointing authority,MD,Chairman and also Manager of Regional Office at Kolkotta.

The company should have registered under West Bengal Shops and Commercial Establishments Act and Manager of the office might have been added as representative of employer in registration certificate.

Has the company issued/supplied acknowledgment of resignation, acceptance of resignation, Revised FnF statement including tour expenses and any assurance in writing that FnF payouts shall be paid, Salary slips of all months,PF a/c number and a/c slips of all years,ESIC card,Form16,NOC/NDC,service certificate............if no demand everything.........if yes these can suffice as having been relieved.......

The employee can approach Employee’s/trade Unions leaders e.g. CITU/INTUC/AITUC/BMS etc…………and unions have traditionally been strong in West Bengal, Labor Law Consultant/Service Matters lawyer/law firm, Lawful authorities………….

Your counsel may opine that West Bengal Shops and Commercial Establishments Act does not distinguish between ‘Workman’ and ‘Non Workman’ and all persons are covered by the def. of ‘Employee’ as in the Act…………………...and that complaint u/s 406,420 can be filed and that unpaid wages are debt on employer and ‘Winding Up’ petition can be filed ……………….recovery suit can be filed……..and that you can file complaint with Labor Commissioner (central in your case)…………

One of the responsibilities of the Inspector appointed under the act is to ensure all FnF payouts/documents to separated employee are supplied in time… i.e. last day in office/within 3 days /max. by usual pay day…………..

Complaint can be filed with for:

PF: RPFC/Addl.CPFC/CPFC/Vigilance Cell

Bonus: O/o Labor Commissioner for employees at all levels

TDS: ITO-TDS where employee files ITR,CIT-TDS where employer files ITR

The jurisdiction of courts can be last location of employee/Redg. Office of the company/jurisdictional courts as stated in appointment letter………..

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