Non-Payment / Delay in Payment of Final Settlement Dues after Resignation
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Non-Payment / Delay in Payment of Final Settlement Dues after Resignation

bhaskarmaj Started The Discussion:

Respected Sirs / Madams,

I am from Kolkata, employed in construction industry for many years.

Recently, I have left my earlier employer company, and have joined another company for better opportunity. I have left my earlier company of my own will, and have duly completed and submitted all exit formalities (exit interview, charge hand-over, no-dues clearance) with due documentations, and have duly received my Release Letter and Work-experience Certificate from the earlier company.

However, sixty days have elapsed since my change-over, but I am yet to receive my Final Settlement Dues from my earlier company. My last designation with my earlier company at the time of separation was Engineer. As per my designation, to the best of my knowledge, I possibly belong to the Lower or Middle Management cadre. My date of release was middle of August, 2012. My duration of service with my earlier company was just over 7 years. The total components of my Final Settlement Dues from my earlier company, as per my last CTC, subject to TDS, all of which are lying due till to-date, are :
1. Total salary for the month of July 2012 (I have received the salary slip but not the salary).
2. 15 days' salary for the month of August 2012 (I have received neither salary slip nor salary).
3. LTA on pro-rata basis (not yet received).
4. Bonus (Festival Incentive) on pro-rata basis (not yet received).
5. Reimbursement of mediclaim premium on pro-rata basis (not yet received).
6. Leave encashment amount (not yet received).
7. Gratuity amount as per Act (not yet received).
8. Any other amount receivable as per Act (not yet received).

This is causing me great inconvenience, stress, and financial hardship. I have communicated with my earlier company by email twice, but have not received any official reply or communication from them in return so far. Officially they are keeping absolutely silent, but unofficially they are singing about shortage of funds, but are far from liquidation / winding up as on date.

In this matter, I seek your valuable and learned advice regarding the following points :
1. Whether you would advise me to adopt legal procedures to recover my dues at this stage.
2. If you advise towards legal actions, what should be my course of actions in that direction in your valued opinion.
3. What may be the relevant and applicable Acts, Rules and Regulations whereby I can seek this legal relief, and to what extent I, in my cadre, am protected by such laws.
4. Who are the appropriate Appealing / Arbitrating Authorities to whom I shall approach for this relief, and in what sequence.
5. Very importantly, what in your valued opinion shall be the expected time-frame within which I can recover my dues, one I take such legal approach.

I shall be grateful if you will kindly spare some of your valuable time to peruse, review and give your valuable and learned opinion and advises towards relieving me of my painful situation.

I extend my heartfelt thanks, regards and best wishes to you all.

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