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Harpreet Singh   27 September 2016

Full and final dues not received

I worked with a real estate firm as an architect from October 2006 to February 2016.In January 2016 my services were terminated as the company felt that no job is available with the company as per my skills. The real reason was that the company was in financial mess and they were not able to pay regular salaries for a long tiime. My two colleagues also received the termination notice. Although the notice period in my case was three months, in case the company decides to terminate my services , I was only given only one  month. On protesting I was told by HR that my issue will be settled after discussion with the management. Anyhow I got myself relieved from the company after completing the one month notice period as it was no longer viable to stay in the company in absence of regular salaries.At the time when I left the job more than six salaries were lying pending.Now the problem is that that after more than seven months I am still to get my dues which includes my pending salaries, gratuity, pending bonus, pending medical allowances, earned leaves.I have written to company many times but there is no response. Through this forum I want to know that what all options, including legal, are available to me to get back my dues.



Learning

 11 Replies


(Guest)

Sir,

You may need to send them a legal notice. Further if they dont pay your salary you may also approach labour courts depending upon your salary. You also may file a petition for the winding up of the company. Another option available with you is to approach a civil court. But first you need to show your documents to a counsel.

Regards,
Rit Arora
Advocate
7838737001

Kumar Doab (FIN)     27 September 2016

Approach a very abel counsel specializing in Labort/service matters ASAP.

 

Your counsel may opine that;

 

You can lodge complaint;

With Inspector appointed under  Shops & Estbs Act..............If you are covered by the def. of employee as in the Act.

Inspector appointed under Payment of Wages Act ,If you are covered by the def. of wages as in the Act.

O/o Labor Commissioner; If you are covered by the labor law enactments e.g; if you are covered by the def. of 'Workman' as in the ID Act

Civil suit with damages

Complaint u/s 406,420

Winding Up petition

PF: RPFC in PF office

Form16; ITO-TDS, CIT-TDS

Gratuity: Controlling Authority

 

Ms.Usha Kapoor (CEO)     28 September 2016

The best option  for you wouldbe to file  a case in labor court to get all the dues in labor court from your former employer. It i srelatively faster compared to ordinary civil courts. You can also file Winding Up petition..

Ms.Usha Kapoor (CEO)     28 September 2016

If you appreciate the above answer please click the thank you button on this forum.

1 Like

Kumar Doab (FIN)     28 September 2016

First thing First: Approach a very able counsel specializing in Labort/service matters ASAP.

 

Your able counsel can opine that; If an Architect ( as per natuire of duties on record) can approach labor Court.

Approach labor Court if and only you are covered by the def. of 'Workman' as in the ID Act

 

 

Harpreet Singh   28 September 2016

Thanks all for your valuable advice. I will certainly explore these options . There are two more points on which I need your guidance. 

1. Although my employer has not paid me my full and final dues, they have already deducted my TDS and deposited it with Income Tax Department . I have also been provided my Form 16 by the employer. In the said form the employer is showing that my complete dues/ salaries have been paid to me under the column "Amount paid/credited".I approached the local ITO (TDS) to know whether my employer can do this on which they said that since the department has received the TDS from the employer , their part is over . Now it is an internal matter between me and my employer. I just wanted to know whether any legal action can be taken against the employer since they are giving a false statement that the amount has been credited to me.

Moreover I have still not filed my IT returns for assessment year 2016-17 since I have not received the amount due to me.Kindly advice should I file my return or wait till the amount is paid to me.

2.The second thing I want to know is regarding my gratuity. The Gratuity act says that employer is required to pay me my gratuity within one month of my resigning from the company. The point I am not clear though is whether I am required to first intimate my employer about my pending gratuity or is it their responsibility to pay it to me before the expiry of one month? 

Thanks and Regards

Kumar Doab (FIN)     28 September 2016

Non Payment of Wages/ITR; Let your able counsel opine on it.

 

You may submit a gentle letter under proper acknowledgment, mentioning that 'Notice of Determination of Gratuity' and Payment has not been supplied to you. If you have represented, in the interim, mention details e.g. dates/names etc .  Add that FormI is attached.
 

 

From the posts it is guessed that there is a dispute.

Prefr to proceed further under expert guidance of your counsel.

Harpreet Singh   28 September 2016

Originally posted by : Kumar Doab
Non Payment of Wages/ITR; Let your able counsel opine on it.

 

You may submit a gentle letter under proper acknowledgment, mentioning that 'Notice of Determination of Gratuity' and Payment has not been supplied to you. If you have represented, in the interim, mention details e.g. dates/names etc .  Add that FormI is attached.
 

 

From the posts it is guessed that there is a dispute.

Prefr to proceed further under expert guidance of your counsel.

Sir, there is no dispute at all. Infact I am not the only one who has not received my dues. There are many ex employees of the company , some who have been relieved for much longer periods, who are still to get their dues. Even the present employees are not being paid regular salaries. There is a pendency of around five salaries at present in this company. Like all real real estate firm its in huge financial mess and its facing many litigation cases.But I want to exercise all options available to me before it is too late.

Kumar Doab (FIN)     28 September 2016

If mandatory insurance was also notified by state govt. and opted by employer then LIC can settle the claim of Gratuity.

Harpreet Singh   04 October 2016

Originally posted by : Kumar Doab

Approach a very abel counsel specializing in Labort/service matters ASAP.

 

Your counsel may opine that;

 

You can lodge complaint;

With Inspector appointed under  Shops & Estbs Act..............If you are covered by the def. of employee as in the Act.

Inspector appointed under Payment of Wages Act ,If you are covered by the def. of wages as in the Act.

O/o Labor Commissioner; If you are covered by the labor law enactments e.g; if you are covered by the def. of 'Workman' as in the ID Act

Civil suit with damages

Complaint u/s 406,420

Winding Up petition

PF: RPFC in PF office

Form16; ITO-TDS, CIT-TDS

Gratuity: Controlling Authority

 Dear Sir,

Want your advice on three points:

1. Is it correct that in case I file a recovery suit I will have to deposit an amount equal to claim that is due to me?

2.What is a winding petition and where it can be filed? 

3.Which is better of above two options in terms of total period it will take for the case to be disposed?

Regards

 

Kumar Doab (FIN)     04 October 2016

Your able counsel can opine on all points.

 

 


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