Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Sunil Bhan (Managing Partner)     25 March 2011

Unpaid Dues

Dear Sir,

I served an organization for 17 yrs & got seperated last July,2010. Though the seperation was with letter & spirit, but while getting my account settled they retained 25% of the total amount with them, but  was assured for the balance payment in due course of time.It has been over 7 months I have been asking & requesting the Management for the release of my balance dues, some how it seems that they have no intentions for paying me. I have all the email correspondance with me.

They have been promising every month but with no certainity. I would like to seek any legal remadial / legal recourse if any.  Should i need to send them notices first before filing a civil suit.

Kindly advise. 



Learning

 5 Replies

adv. rajeev ( rajoo ) (practicing advocate)     25 March 2011

Issue legal notice to orgn., to seetle the balance due within given days, instruct the orgn., that you would initiate the legal proceedings against it.

Sunil Bhan (Managing Partner)     25 March 2011

Dear Sir, Thank you very much. Just to add up -- While issuing a notice should i make it time bound for settling my account or i leave up to them, before i send a legal notice.

Kindly advise !!

Sunil Bhan

  

radha (freelancer)     25 March 2011

 

Please check

:your offer letter/appointment letter for any clause which mentions about deduction from payouts at seperation,or any circular,corrigendum  issued to you.

:F&F for any deductions from final payouts, and the total amount whcih you have signed as final amount to be paid to you.

:You may send a fnal communication by letter thru registred post with AD to the MD and  Your appointing authority and company secretary and Head HR stating date and time and venue of  your personal representations , employe who stated 25% amount shall be paid within(mention number) days.

State the date and time of emails sent by you from your email id at the email id of (name of employee) and that you have been clamoring to get the balance amount which is kept by company. Although (mention names of employees) have been promising that the mounts shall berelasd but & months have passed and that your gentle representation have not fetched you any response and payments of your hard earned monies.

Ask to release the amount and balnce document if any e.g. relieving letter,form 16, PF accumulation reports, etc with in ( mention number) by registred post.

Still if you do not get the result you may consult your local service lawyer with all documents and your lawyer shall help you to decide to submit the complaint to local Labour commissioner's office ,or issue legal notice.

Labour concilliation officer shall help you to get your dues.

Sunil Bhan (Managing Partner)     25 March 2011

Thanks Radha for ur suggestions !!!!

Do I need to represent in Labour Commissioners office. I was holding Sr.Manager profile with the org. I understand Labour concillation office is meant for Labour category who by virtus of their work profile or by designation only can approach them. Please correct me if i am wrong.

One thing is sure that I am going to serve a proper notice to them from my side citing all the correspondance done so far till date pertaining the issue before initiating a legal proceeding.

Thanx & Regs,

Sunil _

 

radha (freelancer)     26 March 2011

You may go thru the advice given by the learned expert Mr. Rajeev Rajoo.

You can yourself repreent yourslf before labour concilliation officer.

You can be represented by counsel/labour consultant .

Designation is what is given by the company.

As per our understanding in the state ,labour concilliation officer  grants 3 opportunities in a months time and if concilliation proceedings fail , he shall refer the mater to labour court.

You may show all your documents and your counsel will help you decide depending upon your work profile.


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