• Full And Final Payment

Hi, I am Vikrant, 

I have been working with a company in Bangalore since 2011 and have resigned from the same in February 2017. I send an resignation to my manager and HR on 14th February and it was accepted by 15th February. My last day of working was 24th February. Since the company is going through bankruptcy I was waived off notice the period. However there were some dues from my side which were needed to be cleared and hence I didint receive the relieving letter from the company on my last day of working however I received it on 3rd of April when the dues got cleared. During that period I received the Full and Final Settlement from the employer and the tax statement. Its has been nearly three months that I received the relieving letter from the previous employer however I haven't received the amount which was stated in the F/F statement which included my leaves, salary for the last month, gratuity amount. On the other note the employer has already paid the tax against the amount mentioned in the F/F statement which is visible in 24AS statement and also in the Form-16 which I received from the employer earlier this month. I have asked the employer about the non payment however there has been no reply from them on this matter. I am confused as to whether I should wait for some time and would receive the amount in future as the tax has been debited for that or I need to take a legal route in this matter. Any suggestions on this would be helpful.

thank you 

Vikrant
Asked 8 years ago in Labour

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3 Answers

1. Since the company is going through bankruptcy having no fund to pay your dues, they have chosen not to release your payment.

2. They have deposited the tax portion to avoid being prosecuted by the tax authorities.

3. If they declare bankrupt, it will be difficult for you to get your dues.

4. Pursue the matter with the company personally to get your dues.

5. if you feel that the Company can not pay you the dues, file an application for winding up the Company and get your dues cleared by the receiver to be appointed by the Court for such winding up of the Company for not paying dues to the creditors for long.

Krishna Kishore Ganguly
Advocate, Kolkata
27735 Answers
726 Consultations

Issue winding up notice to company to pay your outstanding dues

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

3) in alternative file summary suit against company to recover your dues

Ajay Sethi
Advocate, Mumbai
99964 Answers
8159 Consultations

The non payment of F&F especially when the company has furnished the statement of the tax deducted on such payments, is nothing but trying to evade the issue by the company by dragging on the same.

You should not keep silent about this anymore, you should make a written representation to the company's top management by a communication sent under a registered post.

If you dont get proper response or if the company do not answer your call,. then you may send a legal demand notice demanding your dues after which you can initiate legal action for recovery of your dues.

T Kalaiselvan
Advocate, Vellore
90165 Answers
2505 Consultations

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