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Legal action to get dues settled from ex employer
14-Jul-2023 (In Labour & Service Law)
I was worked with a company last 5 year and resigned on 7/5/2017.till now i didn't received my final settlement , i submitted all required documents in local office and they are not process to HO, i continuously following up the same but they giving undocumented reasons and today(14/07/2017) ask them what is the reason(in written) for the same, now they saying that they are not authorized to process and they not going to process my final settlement application to HO.And they challenging me to they never process my application to HO and saying that go any where and compliant any where they din't care (I have call record for the same conversation ).What legal recourse shall be taken?
You can send them a legal notice through your lawyer stating your concerns and demands .If they donot comply with the terms of the notice then you can file a case against them under provisions of Civil procedure code
Order 37 CPC is one of the best provisions in the hands of a proposed Plaintiff, wanting to institute a Civil Suit. Broadly it states as under:
Rule 1, Sub-Rule 2 makes it applicable to all suits upon bills of exchange, hundies and promissory notes or the ones in which a Plaintiff seeks only to recover a debt or liquidated demand in money payable on a written contract, an enactment, where the sum to be recovered is a fixed sum of money or in nature of any debt except penalty, a guarantee - in respect of a debt or liquidated demand.
Rule 2 requires an Order 37 Suit to contain among others, a specific averment that the Suit is filed under this Order and no relief which does not fall within the ambit of this Rule is claimed.
Order 37 CPC is one of the best provisions in the hands of a proposed Plaintiff, wanting to institute a Civil Suit. Broadly it states as under:
Rule 1, Sub-Rule 2 makes it applicable to all suits upon bills of exchange, hundies and promissory notes or the ones in which a Plaintiff seeks only to recover a debt or liquidated demand in money payable on a written contract, an enactment, where the sum to be recovered is a fixed sum of money or in nature of any debt except penalty, a guarantee - in respect of a debt or liquidated demand.
Rule 2 requires an Order 37 Suit to contain among others, a specific averment that the Suit is filed under this Order and no relief which does not fall within the ambit of this Rule is claimed.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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