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Procedure in case of full and final settlement by the company
21-Aug-2023 (In Labour & Service Law)
I resigned and got relieved from my last company on 31st July 2017, they did not pay me the salary for July and Full and Final against my paid leaves till date even after the several reminders, the justification given to me by management is the Company is under NCLT and hence it is not under there control however they deducted the TDS and deposited the same and they have also shown that amount in Full and Final statement given to me, I have even written the mail to NCLT officer appointed by the government, he said that " You have already filed the claim and the same has been admitted, the payment shall be released as per the provisions of the IBC,2016", but since the income got counted in my 26AS, my tax liability increased for 17-18 and so far I have not received my dues.
Hi good evening first of all u can show the letter which has been send to u by the officer u can ask him that why is such a delay and all in the proceeding and all u can ask them why is the amount not been processed write a letter to them
Helpful?
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Adv. Yash Karan Jain
Delhi | 400+ Answers
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Dear Concern, please take note -
1. A company even if it is before the NCLT under Bankruptcy and Insolvency Code it is under the obligation of complying to the laws of India. So if they have deducted your TDS as per the norms of Income Tax Act then they are well within their compliance and they cannot be held liable for the same.
2. IBC has admitted your claim so this means you will be getting your dues in all possibility.
3. By what time you will get your dues is uncertain as its a court matter and one cannot say anything about it as to when it is going to end. However the prescribed time period in IBC is of 06 months.
4. At present all you can do is to wait for the case to end ao that you can get your dues as your company is saying correct version kf their current situation which is "they are being controlled by the Court and not by themselves".
1. A company even if it is before the NCLT under Bankruptcy and Insolvency Code it is under the obligation of complying to the laws of India. So if they have deducted your TDS as per the norms of Income Tax Act then they are well within their compliance and they cannot be held liable for the same.
2. IBC has admitted your claim so this means you will be getting your dues in all possibility.
3. By what time you will get your dues is uncertain as its a court matter and one cannot say anything about it as to when it is going to end. However the prescribed time period in IBC is of 06 months.
4. At present all you can do is to wait for the case to end ao that you can get your dues as your company is saying correct version kf their current situation which is "they are being controlled by the Court and not by themselves".
Helpful?
43+
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Adv. Pulkit Prakash
Delhi | 400+ Answers
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Who is appearing on it behalf in nclt? Present ur case properly in nclt. After the decision come from nclt u will get ur dues, what case is pending in nclt against the company? U can file a civil suit for recovery in civil court. Schedule an appointment with me with all documents.
Helpful?
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Adv. Alok Rattan
Delhi | 100+ Answers
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