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Manoj Gulati (service engineer)     24 April 2014

Company not settling full n final

Dear Sir,

i was working in delhi based IT support firm as service engineer from July 2011 to Jan 2014, company did not issued any appointment letter or any other document for employment, i resigned from that organization without serving any notice period,  i asked them to give my 15 days salary but they are not responding to my mails. how can i get my pending dues? please help.



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 7 Replies

Advocate dishi (AM LEGAL)     24 April 2014

If the employee fails to receive the payment from the employer after having entered into full and final settlement of the account, the employee can file a civil suit for recovery of office dues. In case gratuity has not been paid then the employee can proceed under the provisions of Payment of Gratuity Act and then in case Provident Fund has not been released after the employee leaving, then he can proceed under the provisions of the Provident Fund Act

under payment of wages act where you can claim 10 times for delayed paymednt and your matter can

be sorted out within very less time with labour dept but however u can suit a file in civil court where

process is little lengthy.

Advocate dishi (AM LEGAL)     24 April 2014

If the employee fails to receive the payment from the employer after having entered into full and final settlement of the account, the employee can file a civil suit for recovery of office dues. In case gratuity has not been paid then the employee can proceed under the provisions of Payment of Gratuity Act and then in case Provident Fund has not been released after the employee leaving, then he can proceed under the provisions of the Provident Fund Act

under payment of wages act where you can claim 10 times for delayed paymednt and your matter can

be sorted out within very less time with labour dept but however u can suit a file in civil court where

process is little lengthy.

Advocate dishi (AM LEGAL)     24 April 2014

If the employee fails to receive the payment from the employer after having entered into full and final settlement of the account, the employee can file a civil suit for recovery of office dues. In case gratuity has not been paid then the employee can proceed under the provisions of Payment of Gratuity Act and then in case Provident Fund has not been released after the employee leaving, then he can proceed under the provisions of the Provident Fund Act

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     24 April 2014

since appointment and other document is not issued for recognition of your employment. Then it is difficult to recover money through civil suits.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     24 April 2014

since appointment and other document is not issued for recognition of your employment. Then it is difficult to recover money through civil suits.

Kumar Doab (FIN)     26 April 2014

IT/ITeS companies are covered by all labor laws including ID Act, Shops and Commercial Establishments Act, standing orders etc……….

>>> Since company has not issued appointment letter:

--You may claim no notice period/pay was applicable in your case.

--It has violated Delhi Shops and Commercial Establishments Act; Sec:34

However let your lawyer decide whether to quote from the Act or not.

>>> FNF settlement; It is one of the duties of the Inspector appointed under this Act to ensure all dues to employee that has separated are paid.

Sec:37(b) (i)

FNF wages should be paid on last day in office…………………………or within next 3 days or max. by usual pay day.

 

There are many threads on similar queries that you may find relevant e.g;

 

https://www.lawyersclubindia.com/forum/Claims-not-settled-by-the-company-after-resignation-98912.asp#.U1oiL0eBmXU

Manoj Gulati (service engineer)     26 April 2014

Originally posted by : ramachary64@gmail.com

since appointment and other document is not issued for recognition of your employment. Then it is difficult to recover money through civil suits.

Sir,

my PF was deducting there so its my poof of employment there


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