Struggling to Get My Dues: How Can I Secure My Final Settlement from Pharma Companies?

Dear sir,

I have been working in the pharma segment, and I have had a terrible experience to share. Almost 5-6 companies have not settled my genuine dues of salaries and expenses. Some are almost 5-8 years old, and the latest one is almost 75 days old.

Some companies have special statements written on their appointment letters, which give them freedom, and others seem to have no concerns at all. I cannot take legal action against them as I don't have enough money. In the latest episode, my company says that they cannot give me my full and final payment until the stockist pays his dues to the company.

In this regard, I want to inform you that:

1. I have no dues on the stockist.
2. I have returned all my property.
3. The company's settlement time is 45 days.
4. After fighting for so long, I have received one part as salary, but expenses are still held.

They say that they will only settle my dues when the stockist pays his pending payments.

1. I have a no dues certificate from all stockists.
2. My views on this are:
1. I'm not in the organization now, so how am I responsible for the old payments of my time? It's the responsibility of the current staff to follow up for his secondary payments.
2. The party's due on the company is around Rs. 46,000, but the stockist already has non-sellable goods of Rs. 70,000 on his shelf.
3. The current staff does not meet the stockist, help in liquidation of stocks, or clear payments.

Kindly help me with your detailed view on how to get my full and final settlement from this organization as I have:

1. Written several times by mail with no proper response.
2. Called many times to HR and concerned managers, but they repeat the same thing, i.e., payments of one stockist.

Kindly help me with a solution to get my full and final settlement from this and old pharma companies.

Thanks,
Jasvinder Singh

Dear Jasvinder Ji,

You should be compliant with DLC/LC in writing against these companies if you did not receive the F&F payment. Additionally, you may also send a legal notice to these companies.

Thanks

Dear Jasvinder,

You have not provided your designation (workman, supervisor, or manager). What your company is saying makes no sense because goods are either sold in cash or credit, or both. The company cannot withhold service or payment until the credit is realized, as it goes against the law.

Therefore, you can register your case in the labor office if you are a workman, or you can file a case in court if you are not a workman, regarding payment of wages.

Hi Jasvinder Singh,

What made you keep quiet for so long? I'm afraid many of your claims may be barred by Limitation Act provisions. I need to check this aspect with regard to your exact dates of leaving or last working day(s).

Please read through a few relevant websites for guidance:
- https://www.nitsotech.com/blog/full-...ts-in-payroll/
- https://razorpay.com/payroll/learn/f...ettlement-fnf/
- https://indiankanoon.org/doc/1317393/

If your claims are indeed affected by the Limitations Act, the relevant provisions highlighted in a Supreme Court case are reproduced below for a better understanding of the law of limitations:

"Bar of limitation.- (1) Subject to the provisions contained in sections 4 to 24 (inclusive), every suit instituted, appeal preferred, and application made after the prescribed period shall be dismissed, although limitation has not been set up as a defense."

The courts have always treated the statutes of limitation and prescription as statutes of peace and repose. They envision that a right not exercised or a remedy not availed for a long time ceases to exist. This is a way of putting an end to litigation by barring the remedy rather than the right with the passage of time.

In other words, the courts are granted discretionary powers to admit an appeal even after the expiry of the prescribed period, provided the proposed appellant can establish 'sufficient cause' for not filing it within time. The power to condone the delay or admit the appeal preferred after the expiry of time is discretionary and may not be exercised even if sufficient cause is shown, based on a host of other factors such as negligence, failure to exercise due diligence, etc.

It is very elementary and well understood that courts should not adopt an injustice-oriented approach in dealing with applications for condonation of the delay in SPECIAL LEAVE PETITION (CIVIL) NO. 31248 OF 2018. PATHAPATI SUBBA REDDY (DIED) BY L.Rs. & ORS. PETITIONER(S) VERSUS THE SPECIAL DEPUTY COLLECTOR (LA) RESPONDENT(S).

For further reference, visit: https://www.advocatekhoj.com/library...le=Article%206.

If your problems are due to financial inadequacy to pursue your cases in court, you have the last opportunity to utilize cost-effective channels like the Labour court or Conciliation as provided by law. Simply filing a petition with the relevant Labour Office could have solved your claim issue, which you have ignored. You can still try filing petitions before the concerned Labour Department for proper processing under the law.