Full & final settlement not done after 6 months

You may minute the discussion and representation in final representation to good offices of appointing authority, MD, Chairman, preferably by redg. post and thus make them a party.

Probably the HR and Functional Head is bound to act in this manner as per employer’s policy and directions issued to it.

Before you act further It shall be appropriate to show the job advt, job application, interview call letter, offer letter, selection letter, appointment letter, CTC sheet, Salary Structure, Salary slips, STANDING ORDERS APPLICABLE TO THE ESTABLISHMENT (CERTIFIED/MODEL) AND EXTENDED TO YOUR DESIGNATION, HR policy, Service rules and regulations, Conduct and discipline rules, Copy of FIR, comes of functional head, …………….. Communications exchanged to a competent and experienced Labor consultant/service lawyer at your location, give inputs in person and proceed under the expert advice of your lawyer.

 Employee can approach:

----Employees Unions : There are employees unions of IT/ITeS employees and they have done good job.

--- Trade Unions e.g; CITU, AITUC, INTUC ............................

The trade unions are willing to embrace IT/ITeS employees and they are very effective too.

--- Inspector under (Name of your state) Shops and Commercial Establishments Act, If it is commercial establishment.

The employer has to maintain and submit requisite forms and registers according to Shops and Commercial Establishments Act. If the employer makes false entries it is offence.


--- Inspector under Payment of Wages Act: applicable to all employees drawing wages up to Rs.18000/pm as per def. of wages in the Act. 
You may refer to: Payment of Wages Act; Sec13A and 2: 3*[(i), (ia), 3*[(vi), 3, 4 ,5, 13a, 14, 15, 16, 17A, 20………….. and if the Inspector agrees to cover you may immediately submit Form’N’ for recovery of wages.


--- O/o Labor Commissioner

----Lawyer/Law firm

---Civil Court

Employees have been contemplating to file criminal complaints u/s 406, 420……………………………and to approach employer as creditors treating unpaid wages as debt on employer e.g;

https://www.lawyersclubindia.com/forum/details.asp?mod_id=72011&offset=1#.UvYBGEeBmXV

Since your resignation has been accepted and NOC is issued then FNF settlement should not be blocked.

You may proceed under the expert advice of your lawyer. You should appraise your lawyer properly and must not conceal anything from your lawyer.

Your lawyer may opine that if IO has completed the inquiry then you may obtain the report and FIR copy thru RTI. The lawyer that has examined all docs and merits can advise you the best.

Dear Sir,

Thanks for your valuable reply.

It was not ITes company it is sugar manufacturing company.

Still I am trying to through phone to clear the full & final settlement, but plant persons saying management is held the settlement and when I am asking to management then they are saying plant persons held the settlement. So many mails I have sent but no one replying the mails. Plant head saying that dont ask anything about this and management suggesting get it clear from plant only.

Plz suggest how could get clear the above said matter.

Which case I can make in court, plz confirm section and act to come closer and clear the matter.

Thanking you.

Record such transactions (audio/Visual).

Narrate all representations made so far and mention each date, time of each call, phone numbers names of all officials to whom you have represented, and brief minutes of discussion by letter addressed to good offices of appointing authority, Occupier/Manager/Supervisor representing the employer/Paymaster,  MD………………..thru redg. Post and raise your demand.

If good offices do not provide relief you can approach appropriate forum under guidance of your lawyer.