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RAVI   24 August 2016

Full and final settlement not effected till date

Dear Sir,

I was working in wings Biotech ltd a Pharmaceutical company based at Delhi and HO at Malad , Mumbai, as RBM , Bihar and Jharkhand on 21st april 2014,and was relaunching company but on 7th Oct 2014 my GM,Mr Hemant Sharma messaged that company management is not interested to further contnue business in bihar and Jharkhand so please submit your resignation, we will wind up in next few months.I too was unhappy with company indulgence in malpractice of bribing doctors for prescribing products and moreover i had reached age of 58yrs,so i submitted my resignation on 9th Oct 2016 and company readily accepted and sent me letter to deposit company's property and procure NOC from C/a and all stockist which too I complied.later they sent my F&F calculation amount which was Rs 53867 after deducting Imprest cash of Rs 6000 and Induction cost Rs 20000(illegally applied without giving any training and induction) it came to Rs 27867 they sanctioned Rs 26442/-on25/05/2015 which I decided with regret to accept.they asked me to send account details which was already with them stillso however I complied and sent them on 29/06/2015 my bank account details. now more than one year have passed of this activity also but they are not responding to my 15-16 emails sent to them and personal calls of more than 100 times.Recently I visited their office in Malad West and met Director and CEO MR D P Rohewal and requested him for redressal but he said I will make payments let the company should grow? in what way he can held my full and final settlement on these false pretext, now suggest what I can do to get agreed amount from this company.

for your information this company does not settleed account of any of my predecessor or ABM OR BM in Bihar jharkhand and also all india Map. most of field personal leave by cornering CRM advances given by this company or by selling goods to doctor and pocketing proceeds which too is illegal.I stopped all these practice and saved lakhs of rupees but this is a defaulter company. they do not deposit in EPF amount as per govt acts too which i realised when I went for collecting EPF account settlement, which i could do due to my personal rapport in EPF dept. but they were surprised why they deposited such low amount?

Any way I need further guidance how to proceed as it appears they will not make any payments to me.

thanks and Regards

Ravi bhushan



Learning

 11 Replies

Kumar Doab (FIN)     24 August 2016

Ask to supply salary slips of all months, PF a/c number, PF a/c slips of all years,correct FnF statement, Form16 as per correct FnF statement ,NOC/NDC, handover of charge/assets,service certificate,relieving letter etc................,by Redg. Post.

 

Hope you have the message of Demand of resignation!

If yes  it can be termed 'Termination' and you can stake claim to Notice pay, damages.

Induction Expenses seem to be illegal.

The employer may claim that after 3 years your claim is time barred.

 

If mployer is not paying approach your able labor Law Consultant/service matters lawyer.

 

 

 

 

Kamini   24 August 2016

Dear Sirs,

Greetings !

I would like to inform you that I was working with a limited company (Ahmedabad) from 24th January 2011 to 7th May 2016. 

I resigned the company 3 months ago. I received the Relieving letter and Experience letter on the last day of my working with the company,. i.e. on 7th May, 2016. The HR told me that full and final settlement would be done according to company policy. But it's almost 3 months and no settlement has been done. They say full and final settlement of previous employees are still pending and they will be considered first. To every left employees,  the dept gives same funny reason.

Also, I would like to draw your kind attention that the company has not deposited PF amount from October 2014 in the account. I have registered a complain in grievance cell. 

I will be highly obliged if you would suggest me as what could be done to recover my dues from the company. (FnF settlement (gratuity, bonus, leave encashment etc. etc)  and PF (from October 2014 to May 2016 , i.e. 19 months).  Will I get my dues or not if the company says that we are not in a position to pay?  In this case, what is to be done? 

Your prompt and favourable response in the above matter will be highly appreciated.

With regards,

Kamini Solanki

Kumar Doab (FIN)     24 August 2016

What is this establishment; Commercial, Industrial?

What is its line of business?
 

Since how long you are working in this establishment?

Are you under probation of confirmed?


What is your designation and nature of duties?

What was your monthly salary?


Does standing orders apply to establishment/your designation? If yes are these certified?

 

Ask in writign under proper acknowledgment to supply salary slips of all months, PF a/c number, PF a/c slips of all years,correct FnF statement, Form16 as per correct FnF statement ,NOC/NDC, handover of charge/assets, Notice of determiantion of Gratuity and payment, etc................,by Redg. Post.

 

Are you a member of employee's/trade unions?

Have you consulted a very able counsel specializing in Labor /Service matters?

 

 

 

Kamini   26 August 2016

Dear Sir,

The establishment is Commercial.

Line of business - is manufacturing paper.

I worked with company from 24th January, 2011 to 7th May, 2016. 

As per appointment letter, I was on probation period  only for 3 months i.e. upto April 2011.

My designation was Stenographer and working in Secretarial Department.

My last CTC was 23K.

As suggested, I will ask in writing for all the required documents such as Correct FnF Statement, Form 16 as per correct FnF Statement. I do have salary slips and PF account no.

I am not a member of employees' / Trade Union.

I have not yet consulted any counsel for the above said issue.

With regards,

Kamini Solanki

Kumar Doab (FIN)     26 August 2016

It is not clear the dept/Div/office where you worked was registered under Shops & Estbs Act or not.

However you have confirmed that it is manufacturer but Commercial Establishment.

As a Secretarty you may be covered by the def. of 'Workman' as in ID Act, 'Employee' as in Shops & Estbs Act.

The employee can lodge complaint the momment payment of earned wages is delayed even by a day.

 

You may lodge complaint with:

Inspector  appointed under Shops & Estbs Act

Inspector  appointed under Payment of Wages Act

O/o Labor Commissioner

Higher officials of Dept. of Labor

Prefer to proceed further under guidance of your able counsel specializing in labor Law /service matters.

Kamini   09 September 2016

Dear Sir,

As suggested by you, I mailed 3 times HR department for FnF settlement / statement, Form 16 and PF dues.  Sunddenly, yesterday, I received a reply stating that :

"We have received your email regarding Full and Final settlement  and noted the urgency of the same .As you are aware ,we have made an application to BIFR(Board For Industrial & Financial Reconstruction) and our case is Registered with them.
Further we have to inform you that we are trying for arrangement of funds and your dues will be settled on priority basis in due course."
 

I dont know what is BIFR and not even aware when the company has made application for registration of case. 

What does it mean sir? Is it that I wont get my dues in near future. Plz advice.

Kamini Solanki

Kumar Doab (FIN)     09 September 2016

You have posted that:

 

---"I dont know what is BIFR and not even aware when the company has made application for registration of case."

 

Deny that you were ever informed or ever made aware.

 

---",Mr Hemant Sharma messaged that company management is not interested to further contnue business in bihar and Jharkhand so please submit your resignation, we will wind up in next few months.'

 

Have you posted it in writing?

 

Kumar Doab (FIN)     09 September 2016

Ask to supply salary slips of all months, PF a/c number, PF a/c slips of all years,correct FnF statement, Form16 as per correct FnF statement ,NOC/NDC, handover of charge/assets,service certificate,relieving letter etc................,by Redg. Post.

 

Hope you have the message of Demand of resignation!

If yes  it can be termed 'Termination' and you can stake claim to Notice pay, damages.

Induction Expenses seem to be illegal.

 

Kumar Doab (FIN)     09 September 2016

The reply given to you is apparently from legal cell.

 

You may approach your able labor Law Consultant/service matters lawyer.

If you wer not informed about BIFR at appointment, later etc and you were corced to resign etc etc then your counsels may opine that you have the right to seek recourse under labor/civil/criminal law, depending upon facts and docs you produce.

Kamini   09 September 2016

Thank you very much for your prompt reply. 

Kumar Doab (FIN)     11 September 2016

You are welcome.


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