• Full & final settlement pending after resignation


I am Dinesh Kumar Gupta, lives in Faridabad. I am the ex employee of Jeevana Care Private Limited Situated at Shaheen Bagh, Near Jasola Vihar In Delhi - 110025. I was working there as Asst. Manager - Finance & Accounts from 01st July 2016. I have resigned from my post on dated 11th January 2017 and the last working day was 31st January 2017. I have handed over all the data and responsibilities to my colleague. My Full and Final dues is still pending (December 2016 , January 2017 and Balance earned leaves amount). I called them my many times in HR and admin department for my pending Full & Final Dues. They told me that company has not sufficient funds for the payment. Then i marked a mail to the Company's CEO/Director for the pending Dues.
But they replied me that they have forwarded the all pending dues to their lawyer and i have to talk to their lawyers. They also not deposited the deducted PF amount and TDS amount (employees/Vendors).
So request to you, please suggest to me what to do and how to do?

Dinesh Gupta
Asked 7 years ago in Labour

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4 Answers

issue legal notice to company to pay your outstanding dues

2) if company fails to pay file winding up petition against company

3) in the alternative file summary suit under order XXXVII of CPC to recover your dues

4) if company has deducted and not deposited PF complain to regional rpoovident fund commissioner against the company

Ajay Sethi
Advocate, Mumbai
95221 Answers
7612 Consultations

5.0 on 5.0

it is the employer’s responsibility to employees to deduct the applicable tax at source on their income at the applicable rates. Further, such taxes had to be paid to the credit of the central government within the prescribed time limit. In case the company defaulted on depositing the TDS collected, it shall be liable to pay interest at the prescribed rate on the tax amount

Ajay Sethi
Advocate, Mumbai
95221 Answers
7612 Consultations

5.0 on 5.0

Now issue a lawyer's notice to your ex-employer to seek the release of your dues, and if this also proves to be futile then a civil suit for recovery of money will have to be filed in the civil court to recover the amount with interest.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

What is the reason that the company is asking you to contact lawyer,?

You need not talk to the lawyer.

You consult your own lawyer, send a legal notice to the company demanding your dues from the company.

If the company is not responding or fail to comply with the demand, you may proceed legally against the company.

T Kalaiselvan
Advocate, Vellore
85422 Answers
2239 Consultations

5.0 on 5.0

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