No f & f after completing notice period

Do you have the acknowledgment and POD of submission of PF forms? If yes you can lodge a complaint with RPFC. Company should submit the forms within 5 days and should supply the acknowledgment issued by RPFC to employee. You may submit a communication attaching proof of delivery and demand acknowledgment issued by RPFC, thru redg/speed post only and may mention that you are willing to supply a postage prepaid, self addressed envelope if company demands in writing.

Relieving letter is issued post all settlements. Hence company is not in a position to claim any pending settlements.

You may record their statements (audio/visual) extending the disbursement of payment.

You can lodge complaint with CIT-TDS at your location and CIT-TDS of jurisdiction where company files its return. There are provisions for penalty.

 

You can proceed under Industrial Employment Standing Orders Act, SE act, Payment of Wages Act as per explanation of employees under these enactments, and approach o/o Labor Commissioner, Civil court.

You may approach a competent and experienced service lawyer with all records, copy of appointment letter, standing orders of the company, employee rule book and give inputs in person. Your lawyer may prefer to issue a legal notice.

Thanks For your reply,

NO I dont have any POD because i Have not submitted my PF form. Everytime when i ask them about my PF they told that first your FUll and Final Setllememt will be cleared then you are eligible for PF withdrawal. And form Last eight month I am writting them mail and cordinating over the phone for the same but they are everytime extending their time ( My Full and Final settlement contains my One month Notice Pay as I complete my Notice Period according to company Rules.) So plaese suggest what need to do will i go to consumer court , Civil court or labour court) I am currently in delhi and I was working in Chandigrah and company Base location is in Hyderabad.

 

Thanks

Rifat Shah

No you cannot approach a consumer as you are not a consumer of your employer.

You draft an application for full and final settlement insisting them to make the payment of all your dues within a reasonable period say 15 days and send the same by Regd A/D which may be needed for proceeding further. If you are not paid even after the said period, you better approach some service lawyer for further action.

MARIMUTHU.P
ADVOCATE

Thanks for your reply, I have a mail communication in which I am requesting him for my full and final settlement, but I am not getting any reply from them in my phone communication everytime they are giving me next dates. Even I have send mails to higher authorities but they also are not taking any action. Please suggest what I do next and where I can log my complaint. Thanks Rifat Shah

It shall be better to transfer the PF as you shall be eligible for pension if you keep your a/c regular for 10 years. If you withdraw you shall loose considerable amount from pension component. You are within your rights to demand PF accumulation report from company which is supplied by concerned PF office to employer.

For transfer/withdrawal you can submit the PF forms by redg/speed post to company, and follow up by email attaching the POD. The employer is duty bound to submit the PF forms to concerned o/o RPFC and supply you the acknowledgment issued by RPFC. You may write a letter stating that you are attaching PF forms and a self addressed postage prepaid envelope( as purchased from post office) for sending you the acknowledgment issued by RPFC, FNF statement, form 16,and payment of your dues by bank DD.

You are wasting your funds on telephone calls. Next time if you call you may record their statements extending the disbursement of payment.

You can proceed under Industrial Employment Standing Orders Act, SE act, Payment of Wages Act as per explanation of employees under these enactments, and approach o/o Labor Commissioner, Civil court.

You may approach a competent and experienced service lawyer with all records, copy of appointment letter, standing orders of the company, employee rule book and give inputs in person. Your lawyer may prefer to issue a legal notice.