Seeking Advice: Should I Approach Labour Court for My Full & Final Settlement?

My name is Vinay Kumar Khatloiya. I have been associated with ABC Ltd since May 2008 as an Assistant Admin and was later promoted to Jr. Officer - HR & Admin. I left the organization on 12th Nov 2010. I had not received written confirmation of my employment status before leaving the service, and the company has not prepared my Full & Final Settlement.

Seeking Resolution for Employment Issues

I am considering whether to seek resolution through the Labour Court or Consumer Forum. Your advice on this matter would be greatly appreciated. Please advise me as soon as possible.

Regards,
Vinay Khatloiya

Kindly provide the following:

1. Was your attendance ever marked?
2. Did you receive any PF, salary slips, cheques, or bank transfers of your salary?
3. Did you receive an offer or appointment letter at the time of joining?
4. Do you have any letter or document showing you as an employee of that organization?
5. Is the organization you were associated with registered as required by law?

Hence, please provide all this information before we offer any opinion on this matter.

Thanks.

Thank you for your kind reply. The information you requested is as follows:

1. Yes, I marked my attendance on the attendance register daily (from joining to the last working day).
2. Yes, I received salary slips (My salary account statement may be collected online, which describes the salary credit date for each month).
3. Yes, I received the Appointment Letter after 05 months of DOJ. (The DOJ in the Appointment Letter is accurate).
4. Yes, I received the Appointment Letter and Increment cum Promotion Letter.
5. Yes, it is registered with the Registrar of the Company in the Delhi & Haryana area (Regd No. 9287 in the year 1978-79).

I request your valuable guidance.

With regards,
Vinay Khatloiya

Before going to the Labour Court, consult a local labor lawyer and have a legal notice issued. This is the first step. After the receipt of the notice, they may settle it.

Regards,
Rajan Associates

Yes, you may proceed. Following are the prerequisites:

1. First, you should have proof of communicating the same to your employer about the subject because it is very necessary that you have discussed the dialogue with your employer regarding the same.

2. You may proceed to the Labour Court/Labour Inspector of the concerned region having jurisdiction.

3. You should have all the proof ready (photocopies) of the documents related (as discussed).

Thanks, looking for any other guidance, let me know.

NOTE: Based on the explanation provided by you and the facts and figures as stated in the said version, we advised you accordingly. However, we disclaim any responsibility for any implications, decisions, or actions taken on the basis of inadvertent mistakes by you.

I am facing the same issue as well. My previous company completed my full and final settlement, but they did not deposit the PF amount in the PF Office. My total 1-year service PF contribution is missing. How should I approach my company regarding this matter?

Experts, please suggest me.

Regards,
Sandhya

Kindly provide the following:

1. Was your attendance ever marked?
2. Did you ever receive the PF amount mentioned in your Salary Slips?
3. Did you receive an Offer/Appointment Letter at the time of joining?
4. Do you have any letter/document showing you as an employee of that organization?
5. Is the organization you were associated with registered as required by law?
6. Most importantly, how many employees were employed? Was it above 5, 20, or more?
7. Did you also receive your Relieving letter?
8. Do you know your PF number (after discovering that it was not contributed, was it mentioned in your Salary Slip?)

Kindly provide all this information before we offer any opinion on this matter. More at https://www.citehr.com/303832-can-i-...#ixzz19NWiOHIS

Hi Vinay, everything I have, what you have mentioned above, I have my attendance in the company. I have a PF number. I have a PF amount deducted in my pay slips. The company is registered, and it is an ISO 9001-2000 certified company. It has 300+ employees working in that company. I have received my annual compensation from the company. I have also received a relieving letter from the company. When I submitted my PF form for withdrawal, they said it is not contributed in the PF office; it takes a certain time, almost by this January it would be 3 years. So, is there any process for approaching? Can you tell me what would be the approximate amount I will get from my company for 1 year? My deduction amount was 634+634 monthly.

Regards,
Sandhya
[Phone Number Removed For Privacy Reasons]

Hi Vinay and Sandhya,

Good afternoon! From preliminary reading, both of you have a case against your employers.

@ Vinay, you can definitely approach the Labour Commissioner's office for your full and final settlement. However, I would advise you to first approach the employer in person and also through registered post for final settlement. Once you have proof of positive action from your end and a total lack of response from them, you have a strong case to pursue. The advice given by SN is sound. Send them a proper notice through a good lawyer. Most probably, that should jolt them out of lethargy and get your F&F settled.

@ Sandhya - if you already have a PF number and your employer has deducted your PF but not deposited the same with the PF office, you have both a labor and criminal case against them. I would advise you to first approach the concerned PF office for a statement of your account. If it shows no deposits, you can file a written complaint with them against your ex-employer. Make sure you attach all relevant documents, including the salary slips that show the deduction and details of your employment with them.

Regards,
Gaurang

Important Labour Judgements 2009

Please see the thread posted two months ago. It clearly explains the following: An employee performing purely managerial or administrative functions is not a 'workman'. Refer to the case of State of Haryana & Ors. vs. S.D. Dubey, CLR III 2009 P. 65 (Delhi H.C.).

Therefore, the Labour Court may reject the case prima facie if your company pleads with the above reference. Before proceeding to the Labour Court, consult with Labour Court lawyers.

With warm regards,

S. Bhaskar
[Phone Number Removed For Privacy Reasons]

I am also facing the same problem. When we met with them (the organization) in person, they assured us of payment in 6 months. However, it has been 1 year now, and they have still not fulfilled their promise. If I approach them individually, will the organization respond, or should all the employees approach together?

Dear SN Sir & respective Seniors,

I have filed a complaint through an advocate for my full & final settlement. However, the company is going to serve me a notice mentioning my dues equal to my full & final amount. The amount in my No Dues certificate was Rs. 14,303/- only, and the no dues certificate was signed by the respective site HR Head and Project Head as well.

They are going to mention the recovery against the mess/food recovery of employees who have left the organization without information, and recovery could not be made. The company is making me solely responsible for the non-recovery of such an amount as I had been preparing the payroll. The mess was conducted by employees, and the amount was given to employees; there was no involvement of mine in the mess running.

Please let me know, can the company revise my dues even after they have issued me my no dues certificate? Can I file another case against "MAANHANI" to the company?

Seeking your kind guidance, please.

Dear All, I was employed with Atlantic Hotel Private Limited, Chennai (S. Chand Group). I resigned with proper formalities, but the company did not pay my last month's salary. Additionally, my due LTA and medical amount were also not paid. They included the income in my Form 16, for which I paid tax. I have my appointment letter and clearance certificate, clearly stating my date and period of service. However, the company does not issue salary slips; the salary goes directly to the bank through individual cheques. In Form 26A, it is evident that income tax was deducted under section 192, which pertains to salary. Is there a possibility to recover the amount? I have evidence that they did not pay my salary, LTA, and medical dues, yet they showed them in Form 16 and deducted tax. Please advise on how to proceed with the recovery process. Your assistance would be greatly appreciated.

Thank you.

I am also facing the same problems related to the full and final settlement amount. I handed over everything when leaving the organization and cleared the cases as per the discussion with my last employer. However, I received a reply stating that it will be released at my suitable time. I have already sent several emails to my last employer asking for a firm date but have not received a response so far. Please advise on what else I can do?

Addressing Unethical Practices in Employment Settlements

Holding the F&F (Full and Final), PF (Provident Fund) by an employer is a ridiculous, unethical, harassing, and illegal practice followed by many companies. Almost everybody has faced this kind of event in their professional life.

In this situation, first, try to approach your employer by email or any written communication, which can serve as evidence in the future that you had addressed the same matter. In case of no response or a positive outcome from the employer, many individuals feel that they should go to the Labor Court or Labor Department. However, many are unaware that the definition of a worker in most labor laws does not consider supervisory or administrative job profiles, leading to cases being rejected by the Labor Department.

You may send a standard legal notice through a practicing advocate specializing in Labor Laws, or you may file a case against them in the Civil Court.

How much time does it take if we reach the labor commission with all valid proof? One of my friends has pending full and final settlement for a year. He has all valid documents and proof. It's a big IT company. He is worried that if he goes to the labor commission, it will take years.

If your written agreement is clear about the amount of salary payable to you, then the quickest remedy is through Order XXXVII, Rule 2 CPC summary procedure wherein the leave to defend may not be given to the defendant, and a decree may be passed summarily against the company for non-payment of specified dues.

Thanks,
Sushil

Hi All, my name is Laxmikant. I am facing the same concern. It has been 14 months, but I haven't received any updates from the employer. I have been maintaining my attendance in the company. I have a PF number, and the PF amount is reflected in my pay slips. The company is registered and holds an ISO 9001-2008 (RBEI) certification. I have received my annual compensation from the company and also a relieving letter. I have been following up for my retiral clearance, but no one is responding adequately. They simply suggest contacting different individuals. The final issue is that my Full and Final (F&F) amount has not been updated for the retiral benefits team. Once this amount is updated, they will process my PF within 40 days. I have an email trail of over 50 conversations on this matter. I have informed them that if the issue is not resolved, they should advise me on which Labour office I can escalate this matter to. Consequently, the concerned person has directed their associate to investigate this matter promptly.

Request for Expert Advice

Experts, please advise me on what steps I should take next.

Dear sir,

I had submitted my PF forms on 08/04/2016 in my company in Navi Mumbai, but still, I have not received my PF settlement yet. They are saying it is in process, but when I called the PF office, they told me that my PF form was rejected twice due to mistakes made by my head office in Chennai. I have been following up on this issue, but I still have not received my full & final settlement amount.

I would like to request advice on whether I should go through the Labour Court or the Consumer Forum.

Please advise me as soon as possible.

One company is not paying an employee benefits to their employee. Whom should I complain to?

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Hi,

I recommend reaching out to the HR department of the company to address the issue regarding the unpaid employee benefits. They should be able to assist you in resolving this matter promptly.