Full And Final Settlement [Thread 518475] - CiteHR
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Hi Team,
I left Technosoft Global services pvt ltd on 16th Jan2015, due to emergency i had requested them to process my full and final settlement by first week of feb 2015, even i got a confirmation from finance team that they will be processing it by first week of feb 2015. Then when I asked them on first week of Feb 2015 they started playing that, they haven't recieved something or other and till now they havent confirm me so please let me know what would I do? Its very very frustrating and I am thinking of logging a complaint on labor court.
Please help.
Abhishe Mishra

Under Karnataka Shops and Establishment Act, the provisions of Payment of Wages Act are applicable for unpaid wages. Approach the inspector under the former Act to get the dues by representing him.

How would I be approaching the inspector please explain me completely. As i need to take action and to let you know its not a shop its an it company.
Payment of wages act will apply only to persons whose salary does not exceed ₹18000
However, the inspectors are generally sympathetic and take up matters beyond that also.
However, you have not told us what exactly was the response of the company. What exactly is missing that prevents them from processing your salary ? Are these things you were responsible to return, resolve or ensure ?
People seem to think that legal route is an easy option, but don't realise that it is so costly and time consuming that it's meaningless for small matters. Are you. Willing to pay a lawyer 20,000 to recover your wages, when it basically can be resolved with a visit to the office, sitting accross the table and getting things resolved ?

Your company is covered under the term "establishment" defined under the Act. Further send by registered post written letter to the employer enclosing draft of one month salary and seek immediate relieving, if you can afford. If your dues are pending with him then instead ask for adjusting the dues except PF.Refer to the provisions of the Shops and Establishment Act Act.Then approach the inspector under that Act to get you relieving which the employer is denying. This you can do by sending complaint to him in writing enclosing copy of the letter and draft sent by you but the defiance of provisions by failure to relieve you. Request for getting you relieving and settlement of dues if any. It is his duty to get those compliance.

Under section 21 of the Karnataka Shops and Establishment Act, the provisions of the Payment of Wages Act apply regardless of the limit of Rs.18000/- of wages because subsection (1) of section 21 starts with non-obstanta clause saying "Notwithstanding anything contained in the Payment of Wages Act, 1936...". Moreover, inspector appointed under the Shops and Establishment Act is enjoined upon the power to implement the provisions of the Payment of Wages Act. So it is not because of any discretion of inspector but it is his duty to perform these functions. Further more, there is no need to go to lawyer for such purposes because through this site, the employees are educated to know their rights and not cow down by the whims and fancies of employer.

I will explain it once again. I already left Technosoft on 16th Jan and they relieved me even on the same day. The problem is I have asked them to process my FnF early atleast by 1st week of Feb as I have emergency, initially they agreed uopn to processed it by 1st week of Feb 2015, but when I follow up with them, they started playing and they keep on playing the passing game which is very very frustrating. Now they dont even reply back to my emails. My point is how will I able to collect my due from them and its my rights to get my money I haven't asked anything which is beyond the limit.
Please help.

The employer ought to have paid Fnf dues. Send a registered letter to the employer calling upon him to pay the outstanding dues immediately. Send a complaint to inspector under the Karnataka Shops and Establishment Act regarding non payment of dues by the employer. If he fails to do anything, pl come up again.

How would I will send a register letter and how would I contact Inspector of Karnataka shops and establishment act. Please guide me as I have no experience for the same. Thanks, Abhishek Mishra
Registered letter is sent through post office. Get typed a letter contains the following statement suitably modified. While sending a registered letter to the Owner of the company, state that you were appointed as ------ in the company. After having worked up to ---- you resigned from the job. The following dues are outstanding against the company in the Fnf settlement. Write details of dues. State you were assured that these dues will be paid to you on ----, even though under the law these should have been paid on the date of relieving. Pl pay the above dues immediately failing which I may have to approach the appropriate legal forum. Mention your e mail address and mobile number below your name and address. If you do not get any response, make a complaint addressing to the local Inspector under the Karnataka Shops and Establishment Act whose address you can locate under the labour department. It should also be sent under registered letter. After sending through post office go to the

Labour department and ascertain who is the inspector. Meet with him. In the complaint state that you were employed with the company namely, address falling under his jurisdiction. You were appointed as ----- on -----. You resigned from the said job on----- but the employer has not paid you the outstanding dues at the time of relieving. He assured that these will be paid on ---- but he has failed to do so. Then you sent a registered letter to the owner of the company (enclose copy and postal receipt copy) but he has failed to pay the said dues. I request you to kindly use your good offices under the Karnataka Shops and Establishment Act especially under section 21 and other provisions of the Act to get my outstanding dues from the said company along with interest and take appropriate action for violating the provisions under the Act. In case you do not get any relief, pl come up again.



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