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Abhishek (Analyst)     03 February 2011

Full and Final not given

Dear Experts,

I worked in reputed MNC in Gurgaon for 2 years (IT Professional) & then moved to Kolkata to join new organization.

As per my previous company policy, I should have got my FnF amount within 8-10 days of my last working day. But even after 2 months, I haven't received any money. Moreover I have moved to new city very far from place where I worked. After lots of reminders & formal communication, I have decided to sue the company. I need your help in clarifying if I can file the case only in Gurgaon or even in Kolkata.

Thanks in Advance,

Abhishek



Learning

 7 Replies

GUDAKESH KUMAR (LAW OFFICER)     03 February 2011

you can file the case in kolkatta if the company which will the defendant has an office in kolkatta.

Abhishek (Analyst)     03 February 2011

Thanks alot Sir.

This helps alot.

Regards,

Abhishek

ADV Rajesh KASRIJA (ADVOCATE)     03 February 2011

SIR

U CAN FILE ONLY AT GURGAON WHERE THE CAUSE ACTION AROSE. NIGHTER U WORK AT KOLKATA NOR ANY TRANCATION TOOK PLACE AT LOLKAUTA

ADV KASRIJA FROM FAZILKA 09855714554

Abhishek (Analyst)     03 February 2011

But that way I'll spend more money in travelling than what I'll get as FnF.

It will be more of harrassment than help

V. VASUDEVAN (LEGAL COUNSEL)     03 February 2011

You don't have to file a suit for full and final settlement. Your Company ought to have been registered under the Shops & Establishment Act of Haryana. Please send a final notice to the CEO/Managing Director of the Company by Speed Post with AD with a month's time. If no results, write to the Labour Commissioner.

vasudevan

Kumar Doab (FIN)     03 February 2011

It appears that you have the company policy circular in your record or you know the policy.You may obtain  a copy by using your resources.

You must have completed all formalities of seperation e.g notice of resignation, served the notice period or paid in lieu of it, handed over company property etc.

Yu may lodge your claim for F&F,Form 16,experience certificate,NOC,NDC,relievig letter ,PF accumulation reports by registred post under acknowledgment.

You may send your representation citing company policy,and all reminders and representations by you to your appointing authority,MD,Company Secretary,HR head, Branch Manager of company office at Kolkota,and you may cite Shops & Establishment Act of Haryana as suggested by the learned members.

Kirti Kar Tripathi (lawyer)     03 February 2011

You can file case only in Gurgaon as cause of action accrued therein and also the office of your employer situated there. 


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