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Terminated from service how can I get my full and final settlement
14-Jul-2023 (In Labour & Service Law)
I was working for a company but on 28th of June the owner cum director asked me to resign with immediate effect and said he will release the full & final settlement amount by 7th of July 2016. I didn't have any hard-copy of appointment letter & resignation letter, but have offer letter and entire mail conversation with the employer regarding assurance of payment of salary and release of my appointment & relieving letter. Apart from this in the in this financial year i have made my IT return from company which mentions company name.
Firstly you have not stated how long you worked for the company and in what capacity. I presume you were not workmen, but in supervisory or managerial capacity.
There are no direct statutory provisions for recovery of dues from an employer in cases of non workmen.
The course of action will be as follows
Firstly engage a lawyer and issue a notice to your employer clearly indicating the period by which dues are to be paid, usually 15 days .
Secondly, if dues are not paid by stipulated date, you will be required to file a civil suit for recovery in a District Court of appropriate jurisdiction,.
You will be required to pay Court fees on amount sought to be recovered, which differs from state to state.
Feel free to connect.
All the best
There are no direct statutory provisions for recovery of dues from an employer in cases of non workmen.
The course of action will be as follows
Firstly engage a lawyer and issue a notice to your employer clearly indicating the period by which dues are to be paid, usually 15 days .
Secondly, if dues are not paid by stipulated date, you will be required to file a civil suit for recovery in a District Court of appropriate jurisdiction,.
You will be required to pay Court fees on amount sought to be recovered, which differs from state to state.
Feel free to connect.
All the best
Helpful?
15+
15+
Adv. Wg Cdr Mohammed Mujeeb (Retd)
Delhi | 200+ Answers
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In this case you should immediately send a communication, preferably by registered A/D post, wherein you should put the facts about your employment with the company i.e. (1) the date of joining (2) circumstances leading to your resignation, i.e. you were forced to resign and also ask for the payments due to you, including reinstatement.
It is not specified the type of work handled by you and in case the nature of the work was that of the WORKMAN then you must approach the labour court not only for payment of your dues but also for reinstatement. This in any case would be a better option to pursue.
Please let me know the work handled by you, to advise accordingly.
It is not specified the type of work handled by you and in case the nature of the work was that of the WORKMAN then you must approach the labour court not only for payment of your dues but also for reinstatement. This in any case would be a better option to pursue.
Please let me know the work handled by you, to advise accordingly.
Helpful?
19+
19+
Adv. Hem Nalini Mehra
Delhi | 25+ Answers
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