Forced Resignation and Unpaid Dues: How Should I Handle This Legal Battle with My Employer?

My employer called me to our HO in Pune from Delhi for a meeting on 6th June 2019 but forced me to resign immediately without any reason and took the laptop & official sim at the same time. Later, I came to know that they had already hired a person as my replacement 15 days back. At the time of resignation, he threatened me that if I did not do so, he would terminate me and not clear any dues. However, if I gave resignation on my own, he would give me one month's salary of notice period plus my gratuity as I had been working in that company since 2012 (more than 7 years). They forced me to resign without giving any warning, even though I had been completing my targets for the last 2 years, as my job nature was Technical Sales & Marketing.

Now, they denied clearing all my dues and asked me to send a No dues certificate first, stating that they would only clear partial dues, not all. Eventually, I sent a legal notice to them, to which they replied that I have to come to Pune for final settlement at my own expense, but there is no need for discussion at this stage as I had already handed over everything that was in my possession. Despite numerous requests, they are still not clearing all my dues, and the final option left is filing a legal case against my boss. Please help me out in this situation.

My employer called me to our HO in Pune from Delhi for a meeting on 6th June 2019 but forced me to resign immediately without any reason and took the laptop & official SIM at the same time. Later, I came to know that they had already hired a person as my replacement 15 days back. At the time of resignation, he threatened me that if I did not do so, he would terminate me and not clear any dues. However, if I resigned on my own, he would give me one month's salary as notice period plus my gratuity, as I had been working in that company since 2012 (more than 7 years). They forced me to resign without giving any warning, even though I had been meeting my targets for the past 2 years, considering my job nature was Technical Sales & Marketing.

Now, they have denied clearing all my dues and asked me to send a No Dues Certificate first. After that, they will only partially clear my dues, not in full. Subsequently, I sent a legal notice to them, to which they replied that I have to come to Pune for the final settlement at my own expense. They mentioned that there is no need for discussion at this stage, as I had already handed over everything that was in my possession. Despite numerous requests, they are still not clearing all my dues, and the final option left is filing a legal case against my boss. I seek your guidance in this situation.

You mentioned that you were forced to resign from your job. If so, do you have a copy of your resignation letter, and was it accepted by your employer? What date did you mention, and what is the notice period before you leave the company as per your company's policy? Have you obtained a No Objection Certificate (NOC) from all departments in your company, and do you have proof of it?

If your answers to the above questions are yes, you can approach the labor office and lodge a complaint. Remember that your full and final settlement should be completed within a minimum of 45 days as per the policy mentioned. Therefore, I advise you to wait for some time and clear your dues before filing a case. Speak to your HR instead of your boss.

Since you mentioned that you worked for 7 years, they should be loyal to you. Since you were working in sales and marketing, obtaining the NOC may take some time, so please wait before you proceed.

Claiming Unpaid Dues and Gratuity

Your unpaid dues and gratuity amount cannot be misappropriated whether you are terminated or have resigned. For non-payment of gratuity, an employer's property can be attached as laid out under the Payment of Gratuity Act. Please claim gratuity using the prescribed application form and send it by speed post immediately so that the employer cannot use the excuse that there was no application from the applicant (you). If it remains unpaid, as evident from the circumstances, please submit your gratuity claim before the Deputy Labour Commissioner along with a copy of the gratuity application and details of unpaid dues (entitlement) for recovery from the employer. An employer is duty-bound under the law to settle the claim of an exiting employee within a reasonable time.

Regards,
RDS Yadav
Director, Future Institute of Engineering and Management Technology, BAREILLY
AND
Labour Law Adviser
Navtarang HR Services
Email: [Email Removed For Privacy Reasons]
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