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Sumit (Proprietor)     23 January 2013

Company not giving my money after resignation

Hi,

I worked as a Regional Sales Manager with an MNC.

I have resigned from my company 6 months ago and was relieved after the 3 months of relieving period. But the company did not pay my last month's salary and travel expenses for last 3 months.

They also never gave me a PF number (even on my salary slip)

I have recently discovered that this company has done this with most of the employees who have left the company.

I would like to take a legal action against them and I am based in Pune (company HQ is in Bangalore)

Please guide me what kind of lawyer shoud I contact and what is the biggest name of Lawyer in Pune/Bangalore.

Seeking your help!!

Please revert.

Thanks!!



Learning

 4 Replies

Kumar Doab (FIN)     23 January 2013

You may approach a competent and experienced labor consultant/service lawyer with copies of all docs and records e.g. appointment letter, standing orders of the company, HR policy, service rule book, exit policy, severance policy, details of communications exchanged with the company and give inputs in person. Your lawyer may ask you a set of questions and may suggest the appropriate forum as per your profile, designation and duties.

Apparently you have tendered notice of resignation and have served notice period.

You must have handed over the charge and company property and must have obtained acknowledgment.

Has the company supplied you acceptance of resignation, correct FNF statement, Form 16, work experience/service certificate, relieving letter…etc?

Have you submitted acceptance of correct FNF statement?

Have you so far submitted any representation to the company to supply you above docs and PF number and PF a/c slips for entire period of your employment with the company?

You may submit a gentle representation addressed to good offices of your appointing authority, MD, Chairman, Company Secretary by letter thru redg. post and request them to intervene and supply you the payment of due wages by bank DD and documents say within next 7 days by redg. post. You may mention that a postage prepaid { as purchased from PO}self addressed envelope bearing postage stamps of Rs……..are affixed on the envelope for sending reply, payment and documents.

If the good offices of the company do not grant any relief you have exhausted this option and serve a legal notice thru your lawyer.

In a given situation employee can invoke the provisions of IESO Act, SE Act, ID Act, and payment of Wages Act….etc as per explanation of employee under these enactments.

Company may yield to legal notice of your lawyer or you may have to approach appropriate forum as suggested by your lawyer.

Valuable advice of learned experts/members is sought.

Rajesh Bagga (Advocate)     23 January 2013

you may also go for a recovery suit

Kumar Doab (FIN)     23 January 2013

Mr. Bagga has given valuable advice. Kindly follow it.

Valuable dvice of learned experts/members is sought.

Can the employee approach and treat the company as debtor?

Unpaid wages is debt on employer  Balaram_Abaji_Patil_vs_Ragojiwalla_(M.C.)

Discussion > Labour & Service Law > Disputes > Delay in full and final settlement payment

At the following link;

https://www.lawyersclubindia.com/forum/details.asp?mod_id=72011&offset=1#.UNRXofLZ1JI

 

Can the employee claim interest on delayed payments?

 

Discussion > Labour & Service Law > Disputes > Civil services-delay in making payment of terminal benefits-

civil services-delay in making payment of terminal benefits-state is liable to pay interest

At the following link:

 

https://www.lawyersclubindia.com/forum/Civil-services-delay-in-making-payment-of-terminal-benefits--65271.asp#.UEL6uyIWrts

 

 

b.k.sodhi (advocate)     01 July 2015

Ihereby agree with mr rajesh bagga's views.though you have to pay court's fee for the same


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