Struggling with Withheld F&F Settlement and Relieving Letter: How Can I Resolve This?

Hi, my previous organization is not providing my Full and Final (F&F) settlement and relieving letter. While my gratuity has been credited to my account, it has been marked as frozen for the last two months. I have sent many emails to HR and even to the company's HR head, but there has been no response.

Issue with Legal Notice and Complaint

I received a call from the legal team stating that I have not taken action on a letter sent by a customer through their advocate regarding mis-selling. I explained that after forwarding the advocate's letter to the Legal department, I was informed it was not a legal notice but a complaint. Despite following the same process when the customer's advocate sent a reminder letter for the complaint, the response remained that it was a complaint and not a legal notice. Upon contacting the concerned person, I was informed that they do not respond to advocate notices as they are considered complaints and not summonses from the court.

Resignation and Notice Period

Subsequently, I submitted my resignation and served a three-month notice period. However, during this time, the court issued a summons regarding the customer's complaint. When questioned by the legal team about why I had not responded, I clarified that I had forwarded the advocate notice to the legal team, and as the case involving the customer's summons occurred when I was not at the branch, I was not directly involved. Furthermore, the accused individual named by the customer had already left the organization.

Lack of Communication and Withholding of Settlement

Until the very last day of my relieving date, I did not receive any communication from HR or the legal team, and no queries were raised. However, now they are withholding my F&F settlement, relieving letter, and gratuity without providing a reason. Please advise on a solution.

Issue with Full and Final Settlement and Relieving Letter

I was the Deputy Branch Manager in a bank. A customer sent an advocate notice twice for mis-selling, mentioning a staff member who had already left the organization four months ago. According to the process, I forwarded the advocate notice to the relevant department whenever I received it. However, the department did not send any written reply clarifying that it was an advocate notice and not a summons that needed a response from the bank.

Later, I resigned, and during my notice period, the court sent a summons for a customer complaint. I completed the three-month notice period as required, and there were no issues raised by the legal department or HR until my relieving.

Currently, my Full and Final settlement (F&F) and gratuity have been put on hold. In a telephonic conversation, the concerned department is claiming that it is my fault for not responding to the advocate notice. I have also reached out to the HR head via email, but I have not received any response from their side.

How to Secure F&F and Relieving Letter

How can I secure my F&F and get my relieving letter? Please advise.

Send them a letter with details of the issue by speed post. Attach all your emails on the subject. Try to meet the higher officials of the bank. If no reply is received, write to the Labor Officer of the area who controls and looks after gratuity issues. You may have to send them a legal notice to sort the issue out.

Hi, I worked at Business Arts India Pvt Ltd (Hyderabad) and then moved to Cognizant India Pvt Ltd (Bangalore) from February 20 to March 23, 2018. I served a 2-month notice period from March 5, 2018, to both Cognizant and Business Arts. However, Cognizant deactivated my employee ID on March 19, 2018. Later, on March 24, 2018, I was informed over the phone by a Business Arts employee named Rakesh that my last working day was March 23, 2018. Business Arts India Pvt Ltd released my February month salary and provided an experience cum relieving letter through DTDC courier.

It has been over 60 days since March 23, 2018, and I have not received my Full and Final settlement, Form 16, and March month payslip. They mentioned that Cognizant has not provided the timesheet, and once they do, they will clear the Full and Final amount as per the agreement with Cognizant for a 60-day settlement period. Despite the 60 days passing, Business Arts has not settled the Full and Final amount. Business Arts India Pvt Ltd (Hyderabad) is the parent company, and Cognizant (Bangalore) is the contract company. I am currently employed in Bangalore.

I have sent a notice via speed post to Business Arts India Pvt Ltd to initiate legal action in Hyderabad.

Which labor court should I approach?

Considering the hierarchy of labor courts, is it possible to file a case without a lawyer? Your advice on this matter would be greatly appreciated.

Regards,
Mayank