My father was working in an big cemet factory on the post of deputy manager for past 30 years. One day his boss forced him to resign but when he denied he forged a fake resignation letter and accepted it, when he complained to senior officals they didnot take any action, the police has filed a FIR against the person responsible but are not filling chargesheet against them, after six months of the incedent he passed away because of a heart attack, even after 1.5 years after his death the company has not paid us the dues. Lawyers in the city are not guiding us properly, need a proper guidance on the matter. Kindly help
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1) issue legal notice to company to pay your father outstanding f dues
2) ifcompany fails to pay your father dues file. Winding up petition against company
3)you can also file summary suit to recover your dues
4) if no charge sheet has been filed file wit petition in HC to direct police to investigate and submit its report
What if the company is ready to pay the dues but no compensation for wrongfull termination and donot accept the same ,should we accept the dues and keep fighting the case or is the case worth pursuing as the company is a big company and we donot have resources to fight them??
1. Fo damages out of wrongful termination one will have to file civil suit for damages which takes time.
2.However for releasing his statutory dus like ending salary,pf, gratuity another criminal case of cheating, criminal breach of trust can be filed.
3.if you think the police is not making proper investigation then file a writ petition in high court agaisnt police inaction.
accept the dues and let case continue .
2) forget the compensation for wronful termination
3) since it is a police case for forgery you dont have to spend any money on litigation
The legal heirs can continue the criminal case even after the death of the complainant.
Also issue a legal demand notice for the amount due to your deceased father.
If your current lawyer is not cooperating you may change the lawyer.
If the company is ready to pay the dues then you accept the same.
But make sure that you do not accept any conditions attached to the settlement.
You can fight against the injustice meted to your father separately
Don't worry about their financial might, all are equal before law.