Saswatabanerjee
Partner - Risk Management
Mnwakodkar
Statutory Compliance
Rocky.goldyr@gmail.com
Recrutiment, Manpower Planning, Training
+2 Others

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Hi
I am relieved from the company on 25-Dec-2012. Still Now my Full and Final settlement was not done nearly 1 Lakh.. How can i get the same..what is the procedure to collect my amount and also i found that my company was not paid the PF amount to my account which was deducted from salary more than 1 yrs. what type of action need to be taken this.. How long it take me to get the resolution for the same..

Dear Mr.Dinesh,
You have not stated all the facts.What is the reason?
Have you resigned properly?Did you get the Relieving letter?
What was your last drawn salary?
Need these details.It is then can be decided that who will be the authority to judge.Commissioner of Labour OR Judge of Civil Court.Application under Pay of wages act or Legal notice to employer?
Decide the facts.
Mangesh Wakodkar
Aurangabad

Dineshkumar,
For salary you can approach the Payment of Wages Authority if your salary is not above Rs 18000/-pm.For non remittance of deducted PF you can file a complaint to Police as it is a criminal offence.
Varghese mathew
09961266966

My salary was greater than 18000, They not paid my 3 Months salary thats y quit the company More than 9 Months gone.. Had send several mail more than 50 to 60 Follow up mail requesting settlement.. But not at all caring about. Because working employees also not got salary for 10 Months.. If requesting amount they saying right now it is not possible to settlement.. But they also not giving the time frame to settled the amount... how can we recover from the same.. Only way to file case in court or anyother option is there?
You may approach Asst. Labour Commissioner under whose judiciary your office comes and file your complaint under payment of wages act. Asst. Labour commissioner is a conciliation officer who can call upon your management people for explanation and settlement but can not provide award / decision. In case, your employer still disagree, conciliation officer can forward your case to civil court to get filed and there the proceedings would be started under civil suit.
for PF non payment you can write letter to the Deputy PF commissioner under whose purview your office must come and he can put show cause notice to your employer with penalty / compensation whatever applicable.
With regards,
Rajesh Rajput

My issue was . I had worked in Chennai. Now i got a Job reputed concern in Pune. Yearly once or twice only i can go to my home. So i am not able to follow up the case. Since i cant go to Chennai for handling the case. Thats why i am not able to Approach via Court. So if after some year i will get chance to work in Chennai, then i will take it legal way.. My question anyother way we can get my hardearned money bypassing the court.. or can i approach Labour commissioner in Pune for this scenrio.. I Hope u understand my situation
I think you might as well forget about the money.
You are not getting it back.
If someone has not paid salary for 10 months, then we'll, there is a major problem. Your efforts will be wasted as the company in the end will still not have money to give. However, you need to keep sending out reminders every 6 months to ensure it does not get hit by law of limitation.
For the PF matter, go and meet the PRO at the PF office in pune. If possible meet the commissioner. The PRO will tell you how to take up the matter and whether they can take it up from pune and coordinate with chennai. If not, then forget it, as it is again a waste of time for you. Focus instead in your new job and make the money :)

Your presence in Chennai is not required you can authorize any person on your behalf to file a suit against the company similarly write a complaint to the PF Commissioner of Chennai courier it to your representative for submission.
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