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Prasenjit De (Unemployed)     14 March 2016

Company not settleing my account

I worked for a company from 2012 to 2013.The month when i resigned, they paid half of my saalry and the remaining they kept on hold.I handed over all the company property, but they are yet to settle my account.

Instead of repeated excahange of mails with the company, nothing fruitful has happened in my favour.

Kindly help, so that I can get my remaining amount.



Learning

 8 Replies

Adv. Yogen Kakade (+ 91 9225510883)     14 March 2016

Send a legal notice to the company mentioning the facts of the case and inconvenience caused to you because of the same.

Prasenjit De (Unemployed)     14 March 2016

Thank you for the reply.

How to send the legal notice?

Will you take up my case? I am based at Delhi.

Is it 100% that i will get my money fighting a legal battle? What is the maximum time frame required to recover the money?

What are evidences required to file the case?

Prasenjit De (Unemployed)     04 April 2016

Can anybody from the forum kindly suggest and help me in sending a legal notice to my previous employer.

Kumar Doab (FIN)     04 April 2016

Did you submit notice of resignation or resignation with immediate effect?

What is the notice period applicable in your case?

You were issued offer letter or appointment letter?

Was any salary slip issued for each month and last month and FnF statement?

 

What was your designation and nature of duties?

You were in which state?

You have worked for how long?

 

Prasenjit De (Unemployed)     05 April 2016

Did you submit notice of resignation or resignation with immediate effect?

Ans:-Resignation w.e.f

What is the notice period applicable in your case?

Ans:-No notice period since i was not confirmed.

You were issued offer letter or appointment letter?

Ans:-Yes I was issued both.

Was any salary slip issued for each month and last month and FnF statement?

Ans:-Salary slip was never issued, neither F&F statement

What was your designation and nature of duties?

Ans:-Zonal Sales Manager(Sales and Marketing)

You were in which state?

Ans:-Delhi

You have worked for how long?

Ans:-One year

Kumar Doab (FIN)     05 April 2016

Address your final communication to good offices of appointing authority, MD, Chairman and cite clauses of appointment letter on NO  Notice period, and handover of all assets (attach acknowledgment), unblemished service/rewards/awards etc and narrate all representations made so far by email/phone calls/letters/in person (mention names/dates etc) and ask to supply salary slip of all months, Pf number, Pf a/c slips issued by EPFO, acceptance of resignation, FnF statement,FnF wages,Form16, servcie certificate, relieving letter, NOC/NDC  etc.....

The above are suggestions only and you may take help of employee's/trade union leaders, labor Law consultant to draft your representations.

 

If you are covered by the def. of 'Employee' as In Delhi Shops & Estbs Act (ask your counsel to handle the clause on notice period 30 days as per 1 year of service by citing from appointment letter that employer on its won provided better service conditions or avoid agitation under this Act), 'Workman' as in ID Act then you may approach:

 

Inspector appointed under DelhiShops & Estbs Act, Payment of wages Act,O/o Labor Commissioner

Your counsels may opine that you can lodge complaint u/s 406,420, winding up petition, Civil suit for recovery/damages, etc 

 

Your counsel would know how to send legal notice.

 

Have you consulted a counsel at Delhi?  

Prasenjit De (Unemployed)     08 April 2016

Sir,

first off all this a old case. All comminication through email has already been done long back.Property handover has been done long time back. But after all communications, it has been found that they are in no mood to settle my F&F.

No I have not consulted any concel in Delhi and would request if any one in the forum is there from Delhi who is ready to take up my case and help me in recovering my hard earned money.

 

 

Kumar Doab (FIN)     16 April 2016

You can approach counsels par excellence at Delhi.

You will have to settle your T&C on your own.

 


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