Umakanthan53
Labour Law & Hr Consultant
Stephen_7
Senior Officer - Hr
+2 Others

Thread Started by #Amrut Prajapati

I have been terminated on Ground of Misconduct under workman rule of company before 06 years,But till date have not recived my final due from compnay.During my working with company long term settelement process was under negociation but after i was terminated later 01 years final settlenet finalise with Employee Union and declared Offically.
Legally it is possible and am i eligible to get my dues including leaves, salary, PF and Settelement erriors from Goverment company.
what should i do to get it done.Pls suggest or e-mail me on amrut_j_prajapati@yahoo.com
7th May 2016 From United Arab Emirates, undefined
We do not know the background of the reason for termination. Without that reason, we may not be able to provide you the proper answer. But anyway, if you were a permanent employee, you can seek relief from labour department. Write a petition with all supporting documents and submit to the local jurisdiction labour officer to inform the employer to pay the settlement dues.
or
go and meet the office bearers of the union and request them to push the management to clear the dues in a week, as your family is suffering financially. and also inform them that, if there was no response from them, you are forced to approach labour department to get relief.
7th May 2016 From India, Chennai
PF balance cannot be withheld even for termination cases. Now unless we know what was the offence for which termination was awarded,full answer will be difficult.
7th May 2016 From India, Pune
Dear,
Yes company is liable to settle your full & final and if they deny to do the same you can go to labor court. you can claim your EPF withdrawl through company or directly from PF dept. If company denies to proceed your PF claim then you can contact directly PF dept also.
Do communicate with your previous company's HR or manager and ask them to do your F&F settlement. Let's see what they reply you.
And also inform them that you will go to labor court if they fail to settle your full & final.
Best Regards
9th May 2016 From India, New Delhi
Thanks all of you for sparing your precious time and help.Most of you would like to know the case. I would like to discuss you the case.
I have received employment from Gulf. But due to security reason and threat of uncertainity I had not resign from company and joint employment ,mean while I had applied leave for LTC reason and claim to company to show that I am on LTC for that year.
upon satisfying with my Gulf employer have submitted my Resignation through my Friend to Managemnt.But management not accepted my resignation and ask me submit personally.
I was not able to do so.
During my visit to India after 2 month I have visited company and tender my resign.My settlement process was under way and account department have also made final statement also I was agreed to pay my LTC claim back to company.But at last finance department seek clearance from HR,and HR have been informed by Vigilence department for the situation.I Vigilence officer have taken copy of my passport to see the Travel details and Visa.This was my big mistake.but innocently I had given all document to get it clear.
After involvement of Vigilence the case of misconduct filed and all process was stopped and chargsheet files.but I have not responded and they have terminated based on misconduct as described above.

My during my 4 years of duty there was due to long term satelment and adhok was paid ,after I leave final sattelemt done with union.But final sattelement is still due.and I have not received and benefit of long term settlement also.

So now pls. Tell me that was should be solution and how I can get ?
Hope case is clear fully, one more company is central govt. company.
14th May 2016 From United Arab Emirates, undefined
I would suggest forget about long term settlement.
Focus on present employment.
It will be difficult to get the settlement due process of law.
You are in Gulf-can you afford to visit courts etc in India often.
Your present employer may also get wind of these problems.
Best is to weigh the Pros and Cons of fighting for settlement benefit and your present employer in Gulf coming to know about previous history.
For PF,there is procedure to get the money without involvement of employer.Try to interact directly with EPF.
14th May 2016 From India, Pune
Dear AMRUT PRAJAPATI,
The reasons shown by you for your gainful employment elsewhere under the pretext of availing of L.T.C granted by the erstwhile employer under good faith are far-fetched, unjustifiable and simply unethical. In addition to that it is seen that you had not disclosed the fact when you submitted your latter resignation too and for obvious reasons you simply ignored the disciplinary proceedings initiated in this regard before your formal termination. Such being the case what sort of final settlement you expect as of now? Monetary benefits of any long-term settlement can be retrospective only if there is such a clause in the settlement and the general practice in industrial employment is to pay arrears to only those employees in service on the date of signing of the settlement. So, what Mr Nathrao suggested seems to be appropriate in the facts and circumstances leading to your punitive termination of employment with the Central Govt, Undertaking.
28th May 2016 From India, Salem
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