Chandan Gupta 25 September 2018

Full & final settlement not done by employer

Dear Sir,

I worked as an Asst. Manager-Marketing in a reputed commpany base at Gurgaon for 4 years. After resignation from the company I had served notice period of 30 days as per our appointment letter. During notice period I completed all my pending works and done handover at the time of releasing. Now its been 4-months passeed but my company is not doing full & final settlement stating that there is pendency of form C of the customers. These Form C are related to sales of prooduct and to be provided by customer when they file their return. These form C released by the sales tax department then. This is little time taking process. Now company is asking me to collect these form C while I am not associated with the company anymore.

You are requested to kindly guide me the next courseof action as it seems that my ex-employer's intention is not to release the full and final settlemet.

Look forward for your valuable guidance.

Best Regards

Chandan Gupta

Reply Follow

4 Replies

Adv Deepak Joshi +917017821512 (Advocate) 25 September 2018

Dear querist,

Send legal notice to your employer for clearing all the dues within 15 days of receipt of notice.

In case your employer does comply with the notice file complain at labour commissioner office, matter will be resolve between you and your employer. In no settlement is made between you and your employer then case will to transferred to labour court.

Deepak Joshi & Associates

Djaa.legal@gmail.com

Mb/whatsapp +919456777600

Siddharth Jain 26 September 2018

You do not fall you fall within the definition of "workman" as given in Industrial Disputes Act,1948.
hence you cannot approach labour Court even if the company fails to settle your amount after receiving the legal notice.

The correct recourse for you is to file a suit for recovery, if no settlement has been arrived at.

For any other queries feel free to contact me at isidjain1@gmail.com

Siddharth Jain 26 September 2018

And, for Mr. Deepak Joshi, kindly read the query before answering as you are suggested the person that the case would be transferred to labour Court where the querist had clearly mentioned that he was appointed off the post of legal Manager Marketing which would never fall under the definition of workmen. Hence, no complaint would be maintainable there.
It's better, if you study the subject first, before giving advice and providing all your contact information.

Chandan Gupta 20 November 2018

Thanks Mr. Siddharth Jain for your valuable reply. I wish to inform you that till date I have neither taken any legal action nor get full and final settlement. I didn't take any legal action just because I don't want to spoil the relationship with employer, but I think I am wrong as after that I have send 7 reminders but didn't get single reply from them. I request you to to guide me next course of action to get it close. Two of my colleagues are also suffering from this stage with same employer. Regards Chandan Gupta 9718437860