Full & final settlement

SANTOSH (Querist) 12 November 2018 This query is : Resolved
Dear All

Kindly suggest that how can i get my F&F (i.e Rs. 20000)

I resigned from the company 2 months ago. My last working day was 08.09.2018 but till now they are not responding for my mail and messages.
Can i do complain in labour department ?
what frequently remedy i can get ?

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KISHAN DUTT KALASKAR (Expert) 13 November 2018
Dear Sir,
Yes you can complain and you will get relief. Please read the following.
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Dear Sir,
You can resolve your issue by approach Labour Commissioner under following provision of law.
Section 12 in The Industrial Disputes Act, 1947
12. Duties of conciliation officers.-
(1) Where any industrial dispute exists or is apprehended, the conciliation officer may, or where the dispute relates to a public utility service and a notice under section 22 has been given, shall hold conciliation proceedings in the prescribed manner.
(2) The conciliation officer shall, for the purpose of bringing about a settlement of the dispute, without delay, investigate the dispute and all matters affecting the merits and the right settlement thereof and may do all such things as he thinks fit for the purpose of inducing the parties to come to a fair and amicable settlement of the dispute.
(3) If a settlement of the dispute or of any of the matters in dispute is arrived at in the course of the conciliation proceedings the conciliation
officer shall send a report thereof to the appropriate Government 1 or an officer authorised in this behalf by the appropriate Government] together with a memorandum of the settlement signed by the parties to the dispute.
(4) If no such settlement is arrived at, the conciliation officer shall, as soon as practicable after the close of the investigation, send to the appropriate Government a full report setting forth the steps taken by him for ascertaining the facts and circumstances relating to the dispute and for bringing about a settlement thereof, together with a full statement of such facts and circumstances, and the reasons on account of which, in his opinion, a settlement could not be arrived at.
(5) If, on a consideration of the report referred to in sub- section (4), the appropriate Government is satisfied that there is a case for reference to a Board, 2 Labour Court, Tribunal or National Tribunal,] it may make such reference. Where the appropriate Government does not make such a reference it shall record and communicate to the parties concerned its reasons therefor.
(6) A report under this section shall be submitted within fourteen days of the commencement of the conciliation proceedings or within such shorter period as may be fixed by the appropriate Government: 3 Provided that, 4 subject to the approval of the conciliation officer,] the time for the submission of the report may be extended by such period as may be agreed upon in writing by all the parties to the dispute.]

Please mark “LIKE” if satisfied by my answer.

Adv. Yogen Kakade (Expert) 13 November 2018
Approach the office of the Labour Commissioner of your district and file a written application. You will have to follow up with the process from time to time till getting relief.

P. Venu (Expert) 13 November 2018
Where you are employed- is it registered under the Factories Act or Shops & Establishment Act?

SANTOSH (Querist) 13 November 2018
NO, its a Real Estate company. I worked as Company secretary

Kumar Doab (Expert) 13 November 2018
While posting such queries employee should post basic information!
What is this establishment; Govt, private, Commercial, Industrial?
What is its nature of business say; IT, ITeS?
How many persons are employed in it?
What is your designation and nature of duties?
How many persons report to you?
Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ?
You are in which state? Since how many months you are working? Are you under probation period or your service is confirmed in writing?

Do standing orders (model/certified) apply to establishment and your designation?
What is notice period as per appointment letter/offer letter and what was notice period tendered by you?
Was your resignation accepted and FnF statement issued to you? Did you accept the FnF statement in writing?
Did you submit written representation under proper acknowledgment and did company reply in writing?
Was ever any stinker, memo, show cause notice on any misconduct issued to you?
Does the establishment have its appraisal system? Do you have copy of signed appraisal forms, matrix, KRA’s, performance date? How was your performance?
Are you a member of employee’s/trade unions?
Has the establishment issued/supplied, offer letter, appointment letter, salary slips of all months, PF number and a/c slips of all years, ESIC card, correct FnF statement, Form 16 as per correct FnF statement, acknowledgment and acceptance of notice of resignation/final resignation, acknowledgment of handover of charge, NOC/NDC……………?
You may revert to relevant points.
Name of company etc is not required so don’t post names etc .

Kumar Doab (Expert) 13 November 2018
You can approach;
O/o Labor Commissioner; Labor Inspector/ALC of appropriate govt (State/Central) if you are covered by the def. of Workman as in ID Act.
Inspectorate of Shops & Estbs Act of the state; if establishment is covered by the Act and you are covered by the def. of ‘Employee’ as in the Act
Inspector appointed under Payment of Wagwes Act if you are covered by wage celing per def. of wages as in the Act. This Act does not discriminate between Workman and Non Workman.
Or Civil Courts..
Take help of Greivance Redressal Committee if IT is available in your state/location..

You may take help of elders of your family, competent and experienced well wishers, seasoned PIP’s, helpgroups, community leaders, NGO’s, experienced colleagues, associations, religious scholars/leaders, employee’s/trade union leaders etc to resolve the matter if any, and/or find a very able LOCAL counsel specializing in concerned filed of law e.g; Labor/Service matters as in your case, and well versed with LOCAL applicable rules, precedence, latest judgments etc …. and worth his/her salt, can advise you and even help you.
Online discussions are not substitute to in person discussions with a very able counsel of unshakable repute and integrity specializing in concerned field of law.
There are such very able counsels at each location.
Check for such counsels at LOCAL e.g;, Labor Court-CGIT, CAT, School-Educational Tribunal, Civil courts, HC, SC …
You can also try to get free legal advice from FREE Legal Aid that is usually in LOCAL courts Complex..preferably specializing in Labor/Service matters.
Your employee’s/trade union can also represent you.
You can also attempt to resolve amicably amongst interested parties.
The establishment is liable to pay interest if delayed due to lapse of employer/establishment.
Your counsels can also opine on frequent remedy as posted in your query!

Kumar Doab (Expert) 13 November 2018
You may in the meantime go thru Article under my profile and pick up relevant points;

"Even a supervisor and irrespective of the salary is a workman"

Dr J C Vashista (Expert) 14 November 2018
I respectfully disagree with experts, you are not covered under the definition of "workman" to seek relief u/s 12 of the Employees Compensation Act, 1923.
Being a company secretary you are (expected to) competent to solve your problem, which is not so complicated for a person like you.
Issue legal (demand) notice to the employer for F&F settlement of dues and proceed if the employer do not respond/ pay.

SANTOSH (Querist) 14 November 2018
Dear Sir
Thank you for suggestion.
But lot of employees serve legal notice for their F&F and proceed further but company still not ready to pay. Company did not care how much proceedings are initiate against the company that's why i was asking for another suggestion.

Full & final settlement

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