Relieving without information and dues settlement
Minna
(Querist) 04 March 2014
This query is : Resolved
Dear Sir/Madam,
I am glad to be a part of this Forum. I am facing an issue and will appreciate if someone can guide me in this respect.
I was married last year and had to move overseas where my husband works. I had taken permission from the organisation (semi-government not for profit organisation) I was working for to issue me paid leaves during that time which was granted to me. After my leaves were over, I was advised to join the organisation with immediate effect. Since I was not able to join back, I resigned from the organisation in September.
While I didn't receive the acknowledgement, after 18 days from the date of my resignation I received a back-dated letter from the organisation stating that 'they accept my resignation. However I will be relieved at the scheduled date (after 1 month) once I clear the dues. Since then I asked the company to kindly let me know my outstanding dues so that I can clear well in time, during the notice period and be relieved on the scheduled date. However, I was not informed of any of my dues during the notice period.
Since then I was continuously following up with them to kindly let me know the pending dues. After repeated reminders I received an accounts statement in January 2014 indicating the the dues to be settled (while there are no outstanding dues pending from my end, they want to get back the money which was accidentally credited to my account by them - an error on their part)
When I enquired over the date of my relieving from duties, I am made to understand that I have already been relieved on the scheduled date last year but I need to clear my dues now so that I can get an experience certificate.
I tried to make them understand that I was not informed of my relieving nor was I informed of the nature of dues to be settled during my notice period. I requested them to kindly change the date of my relieving on the day when I was informed about the pending dues. But they have ignored my requests are not willing to accept this.
Since I was not clear of the fact that I have been relieved from the organisation, I was not able to join any other organisation. This has caused a gap of 4 months in my professional career since I was only able to join other organisation after January once I was made to understand that I have been relieved.
Please advise as to how should I tackle this issue? Should I take legal recourse.
Many thanks
ajay sethi
(Expert) 05 March 2014
no need to take legal recourse .you had expressed inability to rejoin organisation after your leave was over . your resignation was duly accepted in September .
go and meet the management personally along with cheque for amount which was wrongly credited to your account . take expereince certificate from your organisation .
T. Kalaiselvan, Advocate
(Expert) 05 March 2014
Well advised by Mr. Sethi, you may follow his advise to solve the issue.
