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Sooraj   28 November 2015

Company not releasing settlement

HI Sir,

I resigned from a logistics company on Aug 2015 after serving one month notice which was accepted.

How my settlement amount near to a lakh  was not handed over to me siting a reason that an outstanding amount of Rs.24650 was pending from a customer whose business was reffered by me when I was working there.

This customer was doing business for past 2 years and payments were made regularly.

Billing was completed for this job and issue is between 2 comapnies.

Wen I asked for my settlement comapny management told that either I can make a cash or DD payment of the outstanding due from the customer or have to wait till they settle the outstanding.

Is this a valid reason for holding my salary & other settlement.

Regards

Sooraj



Learning

 4 Replies

Nitish Banka (lawyer)     28 November 2015

send a legal notice and file a case in labour court.

Thanks & Regards,

Adv. Nitish Banka

9891549997

Kumar Doab (FIN)     28 November 2015

You have rightly observed that :

"Billing was completed for this job and issue is between 2 comapnies."

 

You may clarify whether the following statement posted by is made in writing by the company or verbally and by whom and also is it in response to your written representation:

 

"Wen I asked for my settlement comapny management told that either I can make a cash or DD payment of the outstanding due from the customer or have to wait till they settle the outstanding."

 

 

Your resignation was accepted in writing?

 

Was there any communication to you to fetch any payment for the company?

Do you have NOC/NDC, acknowlesdgment of handover of charge?

 

The FnF wages/payouts should be paid on LWD, since you had submitted notice of resignation and during notice period employer is obliged to process everything related to smooth exit.

The FnF wages could have been paid say within 3 days from LWD or max. by usual pay day.

 

Has the company supplied acknowledgment of notice of resignation/final resignation, acceptance of notice/final resignation, FnF statement showing all payables to you e.g. earned wages/perks/emoulments/bonus/incentives/reimbursments/leave encashment/gratuity etc and all payables by you e.g. notice pay/recovery if any (passed after opportunity of natural justice and by a speaking order) and final amounts payable by either employer/employee, Form16 as per correct FnF statement, PF a/c slips of all years, salary slips of all months including notice period,ESIC card,service certificate,relieving letter etc..................

 

You may demand everything from good offices of appointing authority,MD,Chairman by letter thru Redg. Post so as to be supplied to you by Redg. Post only say within next 7 days.

In this letter you may amke a gentle mention that your representations in office on dated....................to Mr/Ms...................have not fetched you any releif and supply of pending docs and dues.................................and avoid making mention of any amount/document that has not been claimed from you in writing.

 

The forum where you can agitate shall depend upon coverage of your designation and nature of duties.

 

 

Sooraj   30 November 2015

Dear Mr.Kumar Doab

Thanks for your detailed reply.

My resignation was accepted in writing & I have copy of ack signed by the branch in charges.

Also they have replied to my email stating me to pay the amount in cash or DD to take my releiving letter & settlement. As far as I know setlement already sent from Head office and being held up in branch office for want of money.

As on date the client will settle the outstanding with the company by this week, but there will be a dispute of Rs,3500 which may be pening or dedcuted.If for this reason comapny asks me to pay my personal money I would like to go ahead with labour court.

Is it OK to gie complain to labour office or directly send a legal notice?

 

Regards

Sooraj

 

Kumar Doab (FIN)     30 November 2015

 

Has the HO marked a copy of the settlement sent by it to Branch? Does the communique from HO states that you have to pay an amount since some bill raised in the name of client is pending?

 

Did you demand the copy of covering letter/email and settelment sent by HO?

 

You have not clarified even once why the amount is being asked to be paid by you in full or in part?

 

Have you replied to the email asking you to pay in full or in part?

 

Have you written to good offices so far?

It is suggested that before you write on your own or proceed further you may consult an able Labor Law Consultant and show all docs on record.

 


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