Can I Still Claim My Final Dues After Being Terminated for Misconduct?

I have been terminated on grounds of misconduct under the workman rule of the company six years ago, but to date, I have not received my final dues from the company. During my tenure with the company, the long-term settlement process was under negotiation, but after my termination, the final settlement was concluded with the Employee Union and officially declared.

Eligibility for Final Dues

Legally, is it possible, and am I eligible to receive my dues, including leaves, salary, PF, and settlement arrears from the Government company? What should I do to get this resolved? Please suggest or email me at [Email Removed For Privacy Reasons].

Regards

Seeking Relief for Unpaid Dues After Termination

We do not know the background or reason for your termination. Without that information, we may not be able to provide a precise answer. However, if you were a permanent employee, you can seek relief from the labor department. Write a petition with all supporting documents and submit it to the local jurisdiction labor officer to inform the employer to pay the settlement dues.

Alternatively, you can meet with the office bearers of the union and request them to urge management to clear the dues within a week, as your family is suffering financially. Also, inform them that if there is no response, you will be forced to approach the labor department to seek relief.

Regards

PF balance cannot be withheld even for termination cases. Now, unless we know what the offense was for which termination was awarded, a full answer will be difficult.

Yes, the company is liable to settle your full and final payment. If they refuse to do so, you can approach the labor court. You can claim your EPF withdrawal through the company or directly from the PF department. If the company denies processing your PF claim, you can also contact the PF department directly.

Please communicate with your previous company's HR or manager and request them to complete your full and final settlement. Let's see how they respond to your request. Also, inform them that you will pursue legal action in the labor court if they fail to settle your dues.

Best Regards

Thank you all for sparing your precious time and help. Most of you would like to know the case. I would like to discuss the case with you.

Employment Situation and Resignation

I have received employment from the Gulf. However, due to security reasons and the threat of uncertainty, I had not resigned from my current company to join the new employment. Meanwhile, I had applied for leave for LTC reasons and claimed to the company to show that I was on LTC for that year.

Upon being satisfied with my Gulf employer, I submitted my resignation through my friend to the management. However, the management did not accept my resignation and asked me to submit it personally, which I was unable to do.

Visit to India and Resignation Process

During my visit to India after 2 months, I visited the company and tendered my resignation. The settlement process was underway, and the account department had also prepared the final statement. I agreed to pay back my LTC claim to the company. However, the finance department sought clearance from HR, and HR was informed by the Vigilance department about the situation. The Vigilance officer took a copy of my passport to check the travel details and visa, which was a big mistake on my part. I innocently provided all the documents to clarify the situation.

Misconduct Case and Termination

After the involvement of Vigilance, a misconduct case was filed, and all processes were stopped. A charge sheet was filed, but I did not respond, leading to my termination based on the misconduct described above.

Pending Dues and Settlement

During my 4 years of duty, there were outstanding dues for long-term settlement and ad hoc payments. After I left, the final settlement was done with the union, but the final settlement is still pending, and I have not received any benefits from the long-term settlement as well.

Now, please tell me what the solution should be and how I can proceed. I hope the case is now fully clear. Additionally, the company is a central government company.

Regards

Focus on Present Employment Over Long-term Settlement

I would suggest focusing on your present employment and forgetting about long-term settlement. It may be difficult to go through the settlement process due to the laws involved. Considering you are in the Gulf, visiting courts in India frequently may not be feasible for you. Additionally, there is a possibility that your current employer could become aware of these issues.

It is advisable to weigh the pros and cons of pursuing settlement benefits versus the potential implications for your current employment in the Gulf.

Accessing Provident Fund (PF) Without Employer Involvement

When it comes to PF (Provident Fund), there is a specific procedure to access the funds without needing the involvement of your employer. You may want to consider directly interacting with the EPF (Employees' Provident Fund) for further guidance.

The reasons you have provided for seeking alternative employment under the guise of utilizing L.T.C offered by your previous employer in good faith are implausible, unjustifiable, and unethical. Furthermore, it has come to light that you failed to disclose this information when you submitted your subsequent resignation, and you disregarded the disciplinary actions taken before your formal termination. Given these circumstances, what kind of final settlement are you anticipating at this point? Any financial benefits from a long-term settlement can only be retroactive if specified in the settlement agreement. Typically, arrears are paid to employees who are still in service at the time of the settlement's signing. Therefore, Mr. Nathrao's suggestion appears to be appropriate considering the circumstances that led to your termination from employment at the Central Govt. Undertaking.

Please let me know if you need any further clarification or assistance.

Kind regards