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Anonymous
Dear All,
Here is a peridicament for you to suggest way out. A friend of mine was engaged by a corporate house owned chain of school in May2010. After serving till june 2011 he was asked (on phone) to leave and he left after taking no dues from the replacement. His salary for the month of June was not paid. They didn't deposit PF in his A/c after Mar 2011 though they deducted the amnt from his salary every month.
Afterwards when he approached for F&F he was told to wait as offc was shifted After stalling for 2-3 months they told him that a comptr was missing and a deduction will be made but nothing materialised Please advise on the following
a. how to get F&F (emails sent aplenty)
b. how to recover PF deducted for three months
c. how to get notice period salary(mentioned in appntmnt letter)
d. Dose RTI work in corporations
regards
dalbir

From India, New Delhi
Mudassar04
64

Dear Friend,
1:- Please let me know, whether your friend has received salary from April 2011 till June 11?
2:- If deductions has been made from his salary for the above period, then you need to register complain to PF office in your region to initiate the proceeding against employer for not depositing PF contribution deducted from the salary. PF office will recover the amount & then he can withdraw.
3:- Is it mentioned in his appointment letter about 1 month notice pay by either party?
4:- Also, the termination of his service on phone is illegal & your friend has made grave mistake by leaving the job without any document formalities. If he is interested in his job, He may approach to labour court under the provisions of Industrial Dispute Act for re-in-statement with continuity of service & back wages on the ground of illegal termination.
5:- RTI is not applicable to private sector.

From India, Pune
dalbirbhullar
Dear Mr Mudassar,
Thanx for excellent advice.Let me clear it further
1. the salary was drawn from Apr to May11(June salary not paid)
2.Appntmnt letter contained all std clauses including notice pd and regularisation after one yr etc
3. what course is open now to recove salary (2 yrs passd )
Regards

From India, New Delhi
Mudassar04
64

Dear Friend,
I would suggest that if your friend is settled now in some other organization, so not to take any action. It has been almost 3 years now, since then.
It would be better for him to concentrate on present to make bright future, rather than dwelling on past.
Still, If he feels he can go to labour court.

From India, Pune
Mudassar04
64

Dear Friend,
Management always has lot of legal tactics to prove employee wrong.
They can easily manipulate the game . Also, They have special legal cell within organization for such cases.
Whereas employee, He is on its own in such legal battles.
Peace of mind is still worth than rupess 1 lac or 2.
Still, if your friend wants justice to be done, then can file civil suit as well as in labour court.

From India, Pune
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