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Birjesh Chaturvedi (aud)     09 August 2012

Cheating and misappropriate in full & final settlement

 

I had been offered a post of audit consultants on contract basis for one year period by the security company. Offer letter provided but copy of contract is not given to me. I joined the company on 27/11/2011 and resigned on 28/6/2012 with immediate effect due to some unavoidable circumtances. My resignation letter was received from the HR. I resigned due to non-sanctioned of credit leaves for just 2 days while the balance leaves were available 12 days. I worked almost 7 months. There is an internal policy for entilement of leaves to the employees @ 1.75 days credit leaves per month those passing 6 months in the company. I submitted my Leave application 2-7 days in advance, but not sanctioned by the management and it  was verbally told to me if you go for vacation then your services may not be required by the company, in other words it is forced me to resigned then I immediately resigned to protect myself and left the company. Now my FNF settlement has been made as follows:

1. My monthly salary was 28000/- released to 6030/- as FNF for 27 days of June , 20 12 after deductions.

2. 15 days salary for Rs.14000/- deducted as short period notice.

3. Rs.2650/- deducted for uniform blazer while its actual cost is 1300/-.

4. TDS for Rs.2520/- as being a consultant providing bill for services rendered.

5. Leave entitlement after passing six months not allowed on FNF settlement.

Before handling over the cheque of FNF, the companys HR executive got two blank vouchers thumbed by me and a acknowledgement on FNF document who never shows me the account of FNF Salary Is it not a Cheating with the employees. Of course, it is.

May I take help from the labour court to claim the deductions amount made on FNF settlement as well as can it be a case of termination of services where employer should give prior notice or 1-2 months salary for this act. I need a suitable advice please.

 



Learning

 10 Replies

V. VASUDEVAN (LEGAL COUNSEL)     09 August 2012

File a personal police complaint against the concerned HR Executive, describing the whole facts.

Birjesh Chaturvedi (aud)     14 August 2012

Sir, Thanks for reply. I am ready to file a complaint against Personnel Executive. May I know what will be the reaction from the companys' higher management after lodging complaint because PE is doing according to their consent, what I felt.  Shall I also involve the MD into it  who is playing hidden. I need some more suggetions. Please tell me what steps I have to take in future.

Sudhir Kumar, Advocate (Advocate)     20 August 2012

If you file and pursue police complaint then you should not be bothered who will react how.

Birjesh Chaturvedi (aud)     21 August 2012

Thanks for suggestion. It encourage me to go with right things.

Birjesh Chaturvedi (aud)     21 August 2012

Thanks for suggestion. It encourage me to do right things.

Kumar Doab (FIN)     23 August 2012

Pls continue to update developments in this thread.

Birjesh Chaturvedi (aud)     24 August 2012

 

Dear Sir,

I approached to P.S. of local area nearby my residence but they are not willing to register a written compalaint because of the offence is not done in their locality. They adviced me to make at kalkajee P.S. as the offence is done at your previous companys' office which is situated at there. As I know that the management have good influance and acquaintance at P.S. of their locality and they may have several reasons to weak my case and can raise other issues which I afraid of. Shall I still go ahead to file complaint at their area where they have regular interaction with the people of P.S. of their locality or shall I hire a legal advisor to file the case according to law. Please advice.

1 Like

Kumar Doab (FIN)     24 August 2012

The FNF statement and all other communications have been supplied to you at your address by the company.

It is felt that police has now suvidha centres where FIR has to be lodged at first instant.Moreover if police wants it can transfer FIR to concerned PS.

You may approach ADCP/Police Commissioner with facts, or take help of your lawyer.YOur lawyer should be in a position to manage and shall cite latest SC judgement to move the Police Officer.

Birjesh Chaturvedi (aud)     28 August 2012

The FNF statement is not provide by the company but it was communicated through HR executive while handing over FNF cheque at their office. I have the following documentary proof:

1. Offer Letter

2. Resignation Letter

3. TDS Certificates till March, 2012

4. Employment ID card in original (employee code no allotted)

5. FNF cheque deposit slip of my bank for Rs.6030/-.

6. Leave application in original which was not sanction (as mentioned above) with remarks given by MD.

Can I file a compalaint upon these documents. Please advice.

Kumar Doab (FIN)     28 August 2012

Why did you hurry to deposit the cheque?

Company may claim that you have encahsed the FNF cheque and it amounts to acceptance.

However No FNF statement is issued to you and accepted by you.

You may submit letter from your record protesting to not have issued and supplied you FNF statement and accpeting the cheque under protest.

Documents mentioned by you should suffice.

You may consult your lawyer.


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