What is this establishment: Commercial or Industrial?
You were located in which state and redg. office/HO of the company is in which state?
Does this company has its certified standing orders and has it extended the standing orders to your designation?
Have you submitted your response in writing under acknowledgment?
You have posted that:
------“they are saying that i dont have any dues pending with the company .“
The company is under obligation to supply you the FNF statement for acceptance of its correctness by you, computing all payables by company to you, and all payables by you to company, and thus net amounts payable by either.
Since you have handed over the charge, company property nothing is pending at your end.
Did you mention the notice period/effective of resignation/last day in office in notice of resignation? What is the notice period stated in appointment letter/standing orders of the company, and what was the notice period tendered by you?
------You may submit a carefully structured and drafted representation addressed to the CEO, MD, appointing authority, company secretary, by redg. post and narrate all representations made by you so far, by phone (mention phone number, date, time, name of company official, designation, dept, name of company, address), emails/letters, in person and minutes of discussion, submit list of all payables by company to you, and state that correct FNF statement and correct FNF dues has not been supplied to you till date despite unlimited number of representations made by you.
You may demand the correct payment be made to you in say…………….days by bank DD only by redg. post only.
You may state all amounts payable by company to you.
You may add that postage prepaid (as purchased from PO) self addressed envelope is attached for sending the redg. post to you.
If the good offices of the company also do not provide any relief, you may approach your lawyer and issue legal notice. In many cases legal notice works and sense prevails upon the company.
There are threads indicating that employees have lodged criminal complaint under Sec 406, 420 and also that employee can treat unpaid wages as debt on employer approach employer as creditor. e.g;
https://www.lawyersclubindia.com/forum/details.asp?mod_id=72011&offset=1#.UboDXNhVMgt
Your lawyer can opine that you are covered in definition of ‘workman’ as in ID Act, ‘Employee’ as in (Name of State) Shops and Establishments Act applicable to your state, Payment of Wages Act (applicable to all employees drawing wages up to Rs.18000/pm as def. of wages in the Act)
and then you can approach Inspectors appointed under these Acts………..................and also should you lodge a complaint under Section 406,420.......................
Or you may have to approach civil court.
There are many threads on similar queries which you may find relevant and useful.
e.g;
https://www.lawyersclubindia.com/forum/Salary-not-payed-82310.asp#.UboA-dhVMgs
https://www.lawyersclubindia.com/forum/Salary-not-payed-82310.asp#.Ubc5P_lVPxp
https://www.lawyersclubindia.com/forum/Employer-not-paying-salary--82331.asp#.Ubc5qflVPxo
https://www.lawyersclubindia.com/forum/Non-payment-of-salary-81896.asp#.UbAThNKAqWM
https://www.lawyersclubindia.com/forum/Full-and-final-settlement-not-paid--76066.asp#.UbAUUNKAqWM
https://www.lawyersclubindia.com/forum/Non-payment-of-full-final-sattelment-81866.asp#.UbAUwNKAqWM
https://www.lawyersclubindia.com/forum/Neither-resigned-nor-terminated-salary-unpaid--81683.asp#.UbAVCNKAqWM
https://www.lawyersclubindia.com/forum/Wages-not-paid-by-employer-81628.asp#.UbAVHdKAqWM
