Full and final settlement not done after 5 months
2 years ago
Dear Sir
I left the company on 14-Feb after serving my notice period. But till now I have not received my full and final settlement amount, every time I and getting a new date. Also PF contributions for the month of Sep and Oct 20 not submitted by company. I take legal action
Dear Sir,
Get issue a strong legal notice to approach Civil Court for such payments and also for compensation for mental torture. Otherwise you may also approach office of Labor Commissioner under Section 12 of ID Act.
Section 12 in The Industrial Disputes Act, 1947
A.12. Duties of conciliation officers.-
(1) Where any industrial dispute exists or is apprehended, the conciliation officer may, or where the dispute relates to a public utility service and a notice under section 22 has been given, shall hold conciliation proceedings in the prescribed manner.
(2) The conciliation officer shall, for the purpose of bringing about a settlement of the dispute, without delay, investigate the dispute and all matters affecting the merits and the right settlement thereof and may do all such things as he thinks fit for the purpose of inducing the parties to come to a fair and amicable settlement of the dispute.
(3) If a settlement of the dispute or of any of the matters in dispute is arrived at in the course of the conciliation proceedings the conciliation officer shall send a report thereof to the appropriate Government 1 or an officer authorised in this behalf by the appropriate Government] together with a memorandum of the settlement signed by the parties to the dispute.
(4) If no such settlement is arrived at, the conciliation officer shall, as soon as practicable after the close of the investigation, send to the appropriate Government a full report setting forth the steps taken by him for ascertaining the facts and circumstances relating to the dispute and for bringing about a settlement thereof, together with a full statement of such facts and circumstances, and the reasons on account of which, in his opinion, a settlement could not be arrived at.
(5) If, on a consideration of the report referred to in sub- section (4), the appropriate Government is satisfied that there is a case for reference to a Board, Labour Court, Tribunal or National Tribunal,] it may make such reference. Where the appropriate Government does not make such a reference it shall record and communicate to the parties concerned its reasons therefor.
(6) A report under this section shall be submitted within fourteen days of the commencement of the conciliation proceedings or within such shorter period as may be fixed by the appropriate Government: 3 Provided that, 4 subject to the approval of the conciliation officer,] the time for the submission of the report may be extended by such period as may be agreed upon in writing by all the parties to the dispute.]
Tanmoy Chattopadhyay
Responded 2 years ago
Ayantika Mondal @ Prime Legal
Responded 2 years ago
First, issue a legal notice, and then file a civil lawsuit against them. They have a legal obligation to settle dues hence you have a legal remedy.
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Yes, you can file a lawsuit against them. First, issue a legal notice, and then file a civil lawsuit against them. To assist with the legal notice, provide further details and facts.
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A.Send them a legal notice for recovery of the due amount through a civil lawyer and try to get your money. Approach a good civil lawyer wherever you stay and ask him to send a legal notice after that if need you can file a civil case.
You can initiate ODR- Online Dispute Resolution process on Vidhi Samaadhaan