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Shahnawaz   07 September 2016

Full n final settlement

last year I was working with one company in Manesar( Gurgaon) in their Sales division my junior has taken  order of Rs 50 K from dealer to whom company has supplied the material, Cheque given by dealer was bounced and also not ready to do the payment. Company has removed me from services by giving one month notice which I have completed . Till date company has not done my Full and Final settlement of  approx 90 k ( including salary, TA Bill, Leave encashment and Bonus)  due to not receiving of payment from that party . i have filled one complain against my previous employer in ALC office in Gurgaon, Labour Inspector given him so many date but Company not buzz from their decision to do my settlement unless receive the payment from that party. Labour Inspector finally closed my case and advise me to file claim in labour court.

 

Pls advise me the procedure for filling claim in Gurgaon Labour court and how much claim I can ask from the company.

 

I have to hire any advocate or my self file the claim in Labour court and how much time it wil take in coming the judgement.

 

What will be approx legal expense if I take services of any Advocate.  



Learning

 5 Replies

Kumar Doab (FIN)     07 September 2016

What is the reason quoted in Termination Notice?

Has company submitted any written reply to labor Inspector?

Has labor Inspector minuted the verbal responses of company's reprsentatives and taken thier signatures?

Have you collected copies from labor Inspector?

Was any inquiry conducted?

By which clause of appointment letter, service rules, etc company?

 

The Labor Inspector or ALC has conducted the concilliation?

 

Shahnawaz   08 September 2016

Dear Mr.Kumar,

Answer is mentioned below:

Reason for Termination Non Performance.

Company not submitted any written reply to labor Inspector.

labor inspector minuted all verbal responses of every hearing and taken company representative (HR manager) as well as mine signature.

Not collected  report from labor inspector yet as it happen this week.

No inquiry conducted.

Labor inspector and ALC both personaly talked to higher authority over phone and tried to sort out the issue.

Kumar Doab (FIN)     08 September 2016

Is reason for termination mentioned in Termination order?

Was any stinker, notice,show cause notice etc ever issued to you?

Were you included in say PIP?

Do you have tagt vs perf. data? Was this data submitted to ALC? 

 

 

Shahnawaz   08 September 2016

Non Performance.

Yes 1 notice was issued 2 month back.

No

No 

Kumar Doab (FIN)     08 September 2016

Did you reply to the notice?

Performance is difficult parameter and might be due to factors out of control of employee.

 

You may show all dcos on record to a very able counsel specializing in labor/service matters.


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