Jack (Area Manager) 09 October 2014

Not clearing full & final dues

Dear Contributing members,

I was worked with one of the Ltd. company for more than 9 years & they have given me termination letter due to some misconduct which was totally wrong. I have logged a complaint in labour commissioner office in Mumbai but they have informed the labour officer that he was appointed as a manager of the company & don't come in this jurisdiction. They have hold up my 7-8 lacs rupees full & final & deducted 5 lacs for store shortage & in termination letter they have mentioned they will give 2 lacs but still they have not cleared that amount & not responding my mails. Sir / Mam, Kindly advice some alternate way to get my dues because currently I m not in a position to file a case in civil court due to my financial condition & future career.

They have issued me a suspension letter in july'13 & termination letter in Mar’14 & still not clear my dues. I hope you will understand my situation because i am at home since july'13 without pay.

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4 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 09 October 2014

file a writ petition in highcourt. Lawyers will help you. Contact immediately with all concerned papers.

Jack (Area Manager) 09 October 2014

Sir, highcourt lawyers will be asking huge amount to file a petition & lawyer fees. Pls advice if there will be any other way were I can pay them after clearing my dues because they are planning to shutdown the company soon. Since they have taken huge loan from the market.

Kumar Doab (FIN) 09 October 2014

Designation alone does not decide employee shall be covered or not!

Your able Labor Law Consultant/Service matters lawyer-law firm may ask you a set of structured questions and may opine that you shall be covered.

If you do not have funds to pay fee of your lawyer then you may approach some seasoned Trade Union/Employee’s union leaders and union can represent you.

The Lawyer/Trade Union leaders well versed with process of Enquiry/Disciplinary Action, would know how to counter the replies of the company.

It is not necessary to file for conciliation as employee can approach the Labor Court direct as provided for

Industrial Dispute Amendment (2010) Act.

Did you reply to the charge sheet issued by the company?

You are eligible for Gratuity. Has the company issued any speaking order for forfeiture of Gratuity?

The company has to notify the o/o Labor commissioner before closing the company.

You must consult a lawyer with copies of all docs on record and proceed further under expert guidance of your lawyer.

Jack (Area Manager) 10 October 2014

Thanks for a prompt reply. I am really appriciate the respond. Sir, my salary was rs. 50000/- pm. Regarding charge sheet, they have issued me a suspension letter in the month of July'13 & after that I have replied back to the company queries raised on my suspension letter. I tried to met the company officials but every time they mis guide me & not met. They have also not provided my full & final, PF & TDS details after given them so many mails. I have logged a compaint in EPF & IT department office for not sharing my details due to that Company was very much disappointed with me and issued me a termination letter in Mar'14. From June'13 till Mar'14 no enquiry was conducted with me nor they have reverted back to me with my queries. As per my suspension letter it was mention that internal enquiry will be conducted. They always said "we are in a process & taken a feedback from the team & found you guilty. " I have asked them to share me the details which will justify that I have done misconduct. Sir, non of my company SOP states that if any shortage comes in the store Area manager will be responsible for it. They have not recover any shortage from the store team & deducted 5 lacs from my F&F out of 7 lacs. Sir, regarding gratuity & other dues they have confirmed in my termination letter that they will pay the dues but after logging a complaint in labour office they have not reverted back to me nor they are responding my mails nor they have transfered my money. Can u pls help me where should I go to log a complaint for not paying my gratuity & other dues because they are not worried about their reputation. They have 100+ cases in court & company internal lawyer clearly said that if 1 more case will be added company don't have any issue. Sir, if u know some good labour union person who can help me in mumbai pls confirm because I m totally new in this & in our company there is no union.