Thippeswamy (SERVICE) 24 June 2009

Full and Final settlement

Dear All,

My employer has paid me incentive on 11th July 2008 for Rs. 72K, after receving this, I got offer on 15th of July another company and relieved from duties on 11th Aug 08. In my full and final settlement they have deducted 72K and I told them that I am not accepting this settlement for deduction of 72K . It is part of my earnings not any deduction. Finally they agreed to pay 72K and they never settled.

I sent a letter throug Labour department for settlement of dispute regarding 72K. My employer replied to labour department this dispute not coming under industrrial dispute act under section 2A since I am manager cadre .

Please advice how to claim this money and please advice what I have to reply to labour department for their objection.

Swamy

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4 Replies

A V Vishal (Advocate) 24 June 2009

Serve a legal notice and file a suit in the civil court for settlement and recovery of the dues.

Thippeswamy (SERVICE) 24 June 2009

thanks for your reply

Dhiraj Pathak (Executive ) 27 June 2009

Dear Sir,

I was working with Branded Wine company in india, which has not given salary from November 2008 till date to any employee of his company

So, i was not in position to survive my family and hence i resigned in June with proper handover but not served notice period which was 3 months and my total dues salary are from November 2008 to June 2009 and when i received my releiving letter from company and asked the question to HR Manager for my dues than Hr manager told me that now you resigned so, your all salary will be clear only in Full and final settelement.

so, i told her that before june 2009 i was your active employee so, why are you giving my all salary in full and final, you give me my pending salary with all employees salary when they get and only june 2009 salary you process in Full & final Settelement than HR manager told me that i can not comment this is managment's decision so, i can not say any thing all resigned employee will get there all dues only after release of all active employees salary

MY company is listed company with BSE stock Exchange

So, Please all LAWYER CLUB MEMBER help and guide me.

Regards,

Dhiraj Pathak (Executive ) 27 June 2009

Dear Lawyer Club Member,

I was working with Branded Wine company in india, which has not given salary from November 2008 till date to any employee of his company

When i received my releiving letter from company and asked the question to HR Manager for my dues than Hr manager told me that now you resigned so, your all salary will be clear only in Full and final settelement.

So, i told HR manager that before June 2009, i was your active employee so, why are you giving my all salary in full and final? you give me my pending salary with all employees salary when they get and only june 2009 salary you process in Full & final Settelement than HR manager told me that i can not comment as this is managment's decision

So, i can not say any thing about all resigned employee but they will get there all dues only after release of all active employees salary.

MY company is listed company with BSE stock Exchange

So, Please all LAWYER CLUB MEMBER help and guide me.

Regards,