Regarding full & final settlement
Vivek Jain
(Querist) 09 April 2012
This query is : Resolved
I worked as an Assistant Manager – Purchase in a leading 5* hotel chain in India. In my appointment letter there was a clause of 6 months probation period initially with an option to extend the probation period if the management is not satisfied with my performance. In my case, probation period was extended for further three months with a reason that my performance was not upto the mark. Here I want to point out that my my performance appraisal was not done neither any KRA or KPI was given to me. My performance criteria were all verbal. At the end of 9 months of extended probation period, I was asked to resign on a ground that my performance was not good. When I declined to resign they hold me in their custody for three days and later on forcefully took my resignation as well as they forced me to write a letter where in they asked me to mention that I’ve made some procurement during my tenure which were well above the market price. However those purchases were made against the Purchase order which was duly signed by Finance Controller and General Manager. Since they had taken me in their custody, I had to write the letter so that they can release me. At the time of leaving my salary for two months was due apart from perks like Medical and LTA. After several requests for clearing my Full and Final Settlement thy send me a letter asking me to pay around Rs. 20000/- as they made a claim against me for around Rs. 80000/- arising from loss from procurement which was accepted by me in the letter and they adjusted my salary of two months from that Rs. 80000/-. I really don’t know how they have calculated the figure of loss. To contest this I’ve sent them couple of legal notice claiming my dues. Thereafter they replied me stating that I’ve accepted my fault in the letter and I cannot claim anything.
Now I want to know the following:
1) Can I file a case in court demanding my dues? If yes than which court Civil or Labour?
2) Is there any chances of winning my case inspite of my written letter lying with them?
Deepak Nair
(Expert) 09 April 2012
You have to send a notice through registered post demanding your unpaid dues. You shall mention all the details in the notice including that the letter/signature is forcefully obtained, your 3 days detentions etc. and all the foulplays on their part.
You can also file a poice complaint.
To recover the unpaid dues, you have to approach the leabour commissioner.
Deepak Nair
(Expert) 09 April 2012
Avail the professional services of a lawyer.
Heena Khurana
(Expert) 09 April 2012
initially send them a legal notice with the help of a lawyer, file the case in labour court, jurisdiction of which will be as per the registered office of the company,,
