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Raghu Ramakrishnan (Manager)     13 August 2012

Non receipt of dues pertaining to full & final settlement

I was employed as the Branch Head Mumbai since May 6, 2011 for a Pvt. Ltd. organization headquartered out of New Delhi. For taxation purpose the appointment was as consultant with a agreement drawn. On February 25, 2012 I submitted my resignation by email to the company (also sending hard copy by courier) giving the requisite 90 days notice. On February 27, 2012. I requested the management to inform of the handover process. During the 1st week of March 2012 the HR Head informed me that I need not come to office and that my full & final settlement would be settled over the next 3 months. I was informed my replacement was joining on March 12, 2012 and that they were ok with March 9, 2012 as my last working day. I agreed to the same basis the assurance from the management that my dues would be settled.

The company did not honor the commitment; after much followup they paid my March 2012 salary with 2 months still pending payment. I have tried calling all concerned as well as sent emails but there has been no response. I did manage to get the Head of Accounts who flatly told me to forget about the same.

My monthly remueration is Rs.161112.00 inclusive of Service Tax obligation. The total pending is Rs.322224/- not a small amount. Further I have already incurred the Service Tax obligation without having received the payment.

Please advice what steps I could take to recover the money from the firm. Note that the agreement jurisdiction is New Delhi whereas I am located out of Mumbai.



Learning

 1 Replies

Kumar Doab (FIN)     13 August 2012

You were located at Mumbai. You can agitate in courts at Mumbai.

However you may show your agreement, service tax deductions, income tax deductions, all other records to a competent and experienced service lawyer at your location and give inputs in person.

If company has deducted tax on full amounts payable to you and has paid less amounts you may succeed in getting an upper hand and payments.

 


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