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sonum (Sr. Engineer)     14 December 2014

Full and final settlement

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. 



Learning

 2 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     15 December 2014

Dear... File a recovery suit with interest and also file a criminal complaint under section 406 and 420 IPC.... Kapil Chandna. Adv. 9899011450

Kumar Doab (FIN)     15 December 2014

Has the company included the arrears in TbD statement issued to you.... or has it issued any communication in writing that the difference shall be paid by it... Or do you have copies of communication e.g. appraisal etc that shows incremental increase shall be paid to you.... And do you have evidence that incremental increase was paid to other employee 's? If incremental increase was not included in FnF statement then did you accept it? If you have evidence then you should preferably file for recovery within 3Y.. An able Labor Law Consultant/Service Matters lawyer can help you.

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