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Full & final settlement

(Querist) 20 October 2015 This query is : Resolved 
Dear Sir
I had resigned from my post as General Manager in October,2014 and complete my One month notice as per my term of employment. But till date my employer had not settle my account. Please guide me how to get back my full & Final settlement. My employer is a Society register under the society act 1860
Regards
Raman Kwatra
Kumar Doab (Expert) 20 October 2015
Try to assess the reason and intent.


Submit a gentle representation addressed to good offices of appointing authority,Chairman, under proper acknowledgment and narrate that nothing is due and pending at your end....................and request to supply the acknowledgment and acceptance of resignation, NOC/NDC, handover of charge,FnF statement and FnF dues,Form16 as per correct FnF statement, salary slip of all months,etc...............



Apply your skills and build favorable written record under proper acknowledgment.


Ascertain if the society is covered by enactments say: ( Name of your state) Shops and Estbs Act from beginning or any notification later................and if your are covered by the def. of 'Employee' as in the Act.................If yes then Inspector appointed under the Act can help you.



This Act of many states e.g Delhi cover such societies.


Likewise you may also ascertain if other enactments shall get attracted in your case e.g. Payment of Wages Act (that does not discriminate Between Workman and Non Workman) and ID Act (if the designation is just Glorified)..........



If you are not covered by any then it might be possible to:

approach civil Court

file complaint u/s406,420

file winding up petition treating unpaid wages/emoluments as debt on employer.



You may consult an able counsel with all docs on record.






Rajendra K Goyal (Expert) 21 October 2015
Send letter followed by registered letter / legal notice for your claim. If no action consult local lawyer dealing in service matters.
K.S.Srinivas (Expert) 21 October 2015
Give a legal notice to the society.


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