Full and Final Settlement not done by Empoyer since one year
Adv. MUKESH CHAUHAN
(Querist) 10 December 2010
This query is : Resolved
I worked in a share broking company India Infoline Ltd. from Feb - 2006 to Nov - 2009 as branch manager at Jalandhar city Punjab. I was asked to resign from the job as I refused to obey the transfer order of comapany. I resigned from the job on 27/11/2009. And till date company has not done my Full and Final Settlement i.e. my salary of Nov. 2009 along with incentives. Kindly advice me can I take any legal action against the company. What are the remedies avaibale for me. or I should forget about it.
Raj Kumar Makkad
(Expert) 10 December 2010
You should make a written representation to the concerned officials of the company seeking your full and final accounts and release of payment within a stipulated period failing which serve a legal notice through your counsel and thereafter file a civil suit before civil court at Jullendhar.
Adv. MUKESH CHAUHAN
(Querist) 10 December 2010
Mr. Makkad
Heartly thanks for your response.
Since last one year I am sending e-mails to concerned company officials regarding this FNF. I am also in touch with company's Punjab regional head. Since last one year he is tell me that your dues will be cleared next month's first salary cycle & then 2nd salary cycle. By this way he managed to pass one year. Now I am feed up by all this and want to take some concreate action. My other query is - what will be the time frame of civil court in deciding the matter ? and what will be my App. cost. My total dues are app. 42k
s.subramanian
(Expert) 10 December 2010
You can approach the civil court.
Kirti Kar Tripathi
(Expert) 10 December 2010
Dear Mukesh,
From your query, it is apparent that your was performing managerial duties, therefore you have no option except to file civil suit before the Civil Court of competent jurisdiction claiming your dues. Since this type of suit are falls within the category of money suit, therefore the limitation of filing suit is three years from the date it become due.
Advocate. Arunagiri
(Expert) 10 December 2010
You have every right to approach the Labour Conciliation officer (assistant Commissioner of Labour Dept) of your area. Even though you are a manager you can present a petition and get relief. There is no limitation for this petition.
Kirti Kar Tripathi
(Expert) 10 December 2010
I disagree with Mr. Burman, The remedy of Industrial Dispute is not available to him be him as branch manager. The queriest himself is admitting that he was branch manager and being branch manager is is presumed that he was performing managerial duties thus he is not workman under the Act.
