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Harshit Lohiya (------)     04 March 2013

Full and final settlement not paid.

Dear Sir/ Ma'am,

My name is Harsh*t lohiya I was working with Educomp Solutions Ltd. for 1 year from 17-June-2011 to 23-May-2012, on 1-Oct-2011 my entity was changed and I was shifted to Educomp Softwares Ltd, I left the company on my own will and all the paper work was done on 24-May-2012, since then I've been waiting for may F&F settlement, I am tired of sending mails to the HR as they never reply, I tried to talk to the HR personel over the phone but all they say that your settlement is under the finance department, now its been 10 months and on 20-Feb-2013 the company was wind up, but still I have not received my F&F.

I have lost my Patience please Suggest some legal Process so that I can claim my Hard Earned Money

Harsh*t lohiya

+91 9589131952



Learning

 6 Replies

Aashish George (lawyer)     04 March 2013

i am sure you must have been contacted by a lawyer by now, you can send the company legal notice and file a complaint with the labour comission. since i am no expert in labour matters i would suggest you should talk to raj kumar makkad ji, who is one of the best lawyers here and he is very helpfull.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     04 March 2013

Mr. Harsh*t,

In my opinion  give a complaint to labour commissioner in the concerned area of the said company. 

Kumar Doab (FIN)     10 March 2013

You can lodge a complaint with:

--Wages Inspector under Payment of wages Act if yur wages as per definition of wages is upto Rs.18000/pm:

Payment of Wages Act:

3*[(vi) "wages" means all…..

(d) any sum which by reason of the termination of employment of the person employed is payable under any law, contract or instrument which provides for the payment of such sum, whether with or without deductions, but does not provide for the time within which the payment is to be made;

13A. Maintenance of registers and records.

5*[13A. Maintenance of registers and records.-

(1)   Every employer shall maintain such registers and records giving such particulars of persons employed by him, the work performed by them, the wages paid to them, the deductions made from their wages, the receipts given by them and such other particulars and in such form as may be prescribed.

 

--Inspector under SE Act applicable to your state:

e.g.

SE Act Delhi:

37. Powers and duties of the Inspector.

(b) Duties of the Inspector

(i)  that in dispensing with the services of an employee the provision of the Act and Rules have been complied with and no  dues payable under the Act or Rules have been withheld;

--O/o Labor Commissioner

--If standing orders are applicable employer should disburse all payments by the close of office hours on last day in office.

Model Standing Orders:

13.  Termination of employment: 3) Where the employment of any workmen is terminated, the wages earned by him and other dues, if any, shall be paid before the expiry of the second working day from the day on which his employment is terminated.

 

You can approach a competent and experienced labor consultant/service lawyer.

Company may yield to legal notice of your lawyer.

 

https://www.mouthshut.com/product-reviews/Educomp-Solutions-Ltd-reviews-925100373


Attached File : 502399328 delhi shops & establishments act, 1954.pdf, 502399328 payment of wages act 1936.pdf, 502399328 model%20standing%20orders.doc downloaded: 368 times

Harshit Lohiya (------)     01 June 2013

Thank you for your quick response, I have consulted with my lawyer should i send the notice by company's name or to hr department or to the hr head. i was on the payrol of educomp softwares.

Kumar Doab (FIN)     01 June 2013

Appointing authority, MD,

And HR personnel (by name)………

Your lawyer would know everything…………

Your lawyer may opine that you can file criminal complaint with police under section 406,420………against these offenders by name………..

There are many threads which indicate the employees and lawyers have succeeded to drill sense into the heads…e.g:

https://www.lawyersclubindia.com/forum/Neither-resigned-nor-terminated-salary-unpaid--81683.asp

and companies rushed to settle the matter.

There are many threads on FNF settlement e.g;

https://www.lawyersclubindia.com/forum/Wages-not-paid-by-employer-81628.asp#.UaoNq9KAqWM

 

https://www.lawyersclubindia.com/forum/Salary-due-for-6-months-81100.asp#.UaDczqKAqWM

 

https://www.lawyersclubindia.com/forum/Please-suggest-legal-course-employer-not-paying-salaries-81558.asp#.UaWOgNKAqWM

You may find these useful.

 

 

Harshit Lohiya (------)     02 June 2013

Dear Mr. Aashish George, Mr. Rama Chary & Mr. Kumar Doab, thank you for your support, its been a great help.


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