Company not giving FnF even after almost one year
Sir,I am S kumar,I worked with Mahindra & Mahindra powerol on account of Circle Head- MP Region .I resigned on dated 29 June 2016 and also served my 3 months notice period after it.Since then I am asking for my fnf.Though all my bills were cleared and sanctioned by my immediate reporting officer but every time I got one or the other excuse from HR like it is in process,we are checking the bills.bills have to be checked by all the deptt. heads so,it will take time etc. etc. After 6 months of continuous follow up I got a call from HR Deptt. that I will not get my PLI (approx.Rs.1,00,000) as I resigned before a week,so i am not eligible for this and rest of the amount will be settled soon which was amounted approx. Rs.5,00,000/-.
After 1 year I received a mail stating that the only bills amounted Rs. 1,30,000/- is cleared and rest were cancelled (approx. Rs.3,30,000/-) and the reason given is "toll slip not attached''.
I wrote them that I was using my own cars and all my tours and meetings were approved by my seniors as they were also presented in all those meetings.Since MP has most of our sites located near rural areas on state highways or local approaching roads so tolls were not essentially used.But till today I received no reply from them.please guide me.
Asked 9 months ago in Labour from Rohtak, Haryana
You shall send them a legal notice right away and then you can file suit in the civil court/ labor court for appropriate action with regards to release of your amount.
Advocate, New Delhi
Issue legal noticeto company to pay your outstanding dues
2) if company fails to pay file summary suit to recover your dues
3) in alternative file winding up petition against the company
1, This is common dispute happening in most of the private companies which indulge in dubious practice of settling dues of employees.
2. unless and until you send them legal notice not much is expected to happen.
3.if the sending of legal notice also fetch your legitimate dues then file civil suit for recovery of money and criminal case of cheating.
You would soon find your money flying on your lap.
Send a legal notice for forthwith release of the full and final settlement amount.
If the notice fails to help, knock the doors of the labour Court.
Advocate, New Delhi
1) It appears that your previous employer is intentionally delaying your full and final settlement under one pretext or other.
2) Now that we have National Company Law Tribunal (NCLT) which considers payment of employee dues as operational credit and treats the employees as operational creditors all you need to do
a) Issue notice of winding up to your previous employer and
b) please file a petition under section 9 of Insolvency and Bankruptancy code at NCLT on the grounds that your previous employer has not paid your outstanding dues.
3) Since there is no pre-existing dispute between you and your employer, in all likelihood, your previous employer will realise that he cannot fool you or NCLT and rather will opt to settle your FFS within 1 month or so as your M&M cannot afford to loose their credibility before NCLT and public at large.
4) Given that NCLT has been very dynamic and fast, in all likelihood NCLT will resolve your grievance at a faster pace compared to other alternatives such as civil court, labour court etc.
Hope this information is useful.
Send a legal notice to company for getting your outstanding dues.If they are not settle the matter file a case before Labour court . Use their emails and letters for evidence and also ask compensation and damages.
1. Serve a lawyer's notice to the company to release your FNF within two weeks.
2. A suit for recovery of money with interest will have to be filed if the FNF settlement is not released even after notice from your lawyer.
Justice delayed is justice denied.
As long as they have been prolonging the F&F settlement, they bought time to create reason to not make any payment.
This is not only unjustified but also illegal, hence you can initiate proper legal action for recovery.
First send a lawyer's demand notice demanding your dues with the details of payment to received from the company, after that you may approach court with a suit for recovery or labor court with Industrial dispute case for releif and remedy