LCI Learning
New LIVE Course: Toxicology and Law. Batch begins 21st July. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Prashant Rai (Sales Officer)     03 March 2014

Non reimbursement of t.a after resignation.

Dear Sir/Mam,


I have resigned from my Ex Employer due to improper health without serving any notice period.

My 2 months T.A & D.A claims are pending from last 3 months & company is not clearing it.

Kindly tel me what legal actions can i take against the company & how should i start..??

Regards
Prashant Rai

9826246636



 1 Replies

Kumar Doab (FIN)     05 March 2014

The employer has to supply the FNF statement [ showing payables by employer to employee (e.g: Bonus, earned wages, incentives, TA/DA, reimbursements,  leave encahsmernt, Gratuity, etc)and payables by employee to employer (e.g. notice pay)] for verification and acceptance. IN case of any discrepancy employee can decline to accept the FNF statement prepared by a designated official e.g. HR personnel/Accounts/Finance etc………and point out the variance.

Did you submit proper leave application supported by medical certificate and was it accepted? Do you have its POD and acknowledgment?

Has your resignation been accepted? Do you have its POD and acknowledgment?

Did you handover the charge and company property under acknowledgment? Did the company communicate to you claiming any loss due to unfinished tasks and to tender notice pay liquidated damages?

Did you submit TA/DA claim in time and do you have its POD and acknowledgment?

 

You may submit the copy of resignation with copy of its POD to good offices of appointing authority, MD and mention that no task were pending when you proceeded on sick leave and resigned and you have no assets of the company to submit and also have not been asked to handover the charge during representations by phone etc………………………………………..( if it is true and you have the details)!

You may also prepare a FNF statement according to you and ask to verify it and supply you the documents and payments as applicable in your case e.g; acceptance of resignation, correct FNF statement, payment of FNF dues by bank DD only, Form 16 as per correct FNF statement, PF number-a/c slips for whole tenure of employment, ESIC Card, notice of Determination of Gratuity, service certificate, relieving letter, NOC/NDC etc…………..by redg. Post only.

If the good offices also do not resolve you can approach:

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



--- 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

--- ESIC Inspector;
 

--- RPFC in nearest PF office


--- ITO; TDS where you file your ITR


--- CIT-TDS (jurisdictional) where company files ITR


----Lawyer/Law firm

---Civil Court

 


Attached File : 741726544 payment of wages act 1936.pdf, 741726544 payment of wages act 1936.pdf downloaded: 174 times

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Recent Topics


View More

Related Threads


Loading