Good day
I am Sonum and worked in ERA Infra Engineering Ltd. as Sr, Engineer in Navi Mumbai from Jan-12 to Jan-13. My salary was above Rs 20000/ month. I left the organization after serving my full notice period and clearing all my dues. However, I when I had left the organozation the salary cycle of the company was 2 months late. Hence, in my full and final settlement I had to receive Rs 85000. But its almost two years now. Company has not seettled the claim. I have sent them numerous emails, called them many times. They only responded once to my email in Jul- 2013 with the calculation of full and final settlement and not after that. They initially responded to my phone calls, but since last 12-14 months they seldom take my calls and that to after repeated calls only. They always say it will be settled shortly, but it has not done till date. In May-2014 I sent to them a legal notice regarding the issue through a lawyer. But they didn't responded to that also. My bad luck is that, my lawyer was also very slow. He delayed the notice by 1 month after I gave him all the details. Because of this I didnt wanted to start legal action against the company with the same lawyer. Hence, I have not started any legal proceding s against the company till date.
Also, a thing to notice here is that, one of my collegue also left the organization in the same month as me. But his full and final amount was cleared within 6 months.
Another thing is that, during my initial calls to the manager regarding the issue, he once said that I should throw them a drinks party and then see how my claim will get settled.
Company has been hiring new ppl and paying salary to its employees. But I have come to know that it has not submitted tax deducted from our salary.
I want to start legal proceedings against the company. But I want to ensure that if my money is not paid, then company personnels should be booked for cheating, fraud and harrasment. I want to know, if I should file a case, or register a police complaint against them under section 406, 420 and other?
Please advise. Thanks for ur help.