Full & Final settlement not done by employer after repeated requests

My employer called me to our HO in Pune from Delhi for meeting on 6th June 2019 but forced me to resign immediately without any reason and took the laptop & official sim same time. Later I came to know that they already hired a person as my replacement 15 days back. At the time of resignation he threatened me if I not do so he would terminate me & not clear any dues and if I give resignation by my own he would give me one month salary of notice period plus my gratuity as I had been working in that company since 2012 ( more than 7 years) and forced me to resign without giving any warning though I had been completing my targets from last 2 years since my nature of job was Technical Sales & Marketing. Now they denied clearing my all dues and asked me to send No dues certificate first and after that they will clear my dues that to only partial dues not complete. So finally I sent a legal notice to them which they replied that I have to come to Pune for final settlement on my own expenses but there is no need of discussion at this stage & I already handed over everything which were in my possession. So after many requests they are not clearing my all dues and the final option 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 meeting on 6th June 2019 but forced me to resign immediately without any reason and took the laptop & official sim same time. Later I came to know that they already hired a person as my replacement 15 days back. At the time of resignation he threatened me if I not do so he would terminate me & not clear any dues and if I give resignation by my own he would give me one month salary of notice period plus my gratuity as I had been working in that company since 2012 ( more than 7 years) and forced me to resign without giving any warning though I had been completing my targets from last 2 years since my nature of job was Technical Sales & Marketing. Now they denied clearing my all dues and asked me to send No dues certificate first and after that they will clear my dues that to only partial dues not complete. So finally I sent a legal notice to them which they replied that I have to come to Pune for final settlement on my own expenses but there is no need of discussion at this stage & I already handed over everything which were in my possession. So after many requests they are not clearing my all dues and the final option is filing a legal case against my boss. Please help me out in this situation.

Hello there,
you mentioned that you are forced to resign the job!! if yes do you have a copy of your resignation letter and the same accepted by your employer? what date you have mention and what is the notice period before you leave the company as per your company policy? have you cleared with NOC with all dept. in your company and do you have the proof for it? if you feel strong the above questions are yes; you can approach to labor office and lodge a complaint and remember your F&F should complete in min 45 days of time as per policy mentioned, so i can advise you to wait for some time and clear your dues before you filing a case, speak to your HR instead of your boss. you also mentioned you worked for 7 years so they will loyal to you, since you working on sales and marketing clearing NOC will take some time, so please wait before you process

Dear friend,
Your unpaid dues and gratuity amount can not be misappropriated whether you are terminated or resigned.For non payment of Gratuity, employer's property can be attached as laid under the Payment of Gratuity Act. Please claim Gratuity in Prescribed application form, send it by speed post immediately so that employer can not take excuse that there was no application from applicant(you). If it is still unpaid, which is evident from circumstances, please submit your claim of Gratuity before Dy. Labour Commissioner along with copy of Gratuity application and attaching details of unpaid dues (entitlement) for recovering from employer. An employer is duty bound under Law to settle claim of exiting employee within reasonable time.
Regds,
RDS Yadav
Director, Future Instt.of Engg and Management Technology, BAREILLY
AND
Labour Law Adviser
Navtarang HR Services
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