• Closing formalities and a month's salary withheld

Hello
My question is regarding the organization I used to contract for. It's been about one year since I've left the organization; however they kept my paperwork on hold, because they were looking into an issue with my leaves and salary. 
I had applied for earned leave right after my maternity leave because of health conditions. My HR had approved it then (which I have documented), but now the company is saying that it is not allowed through the company rules, and thus I will not be entitled to receiving the said money (a month's salaray - ~ 1 lakh). 
Further, even after HR informed the accounts department of my last date, they kept on remitting the EPF in my EPF account, with no indication to me. The last email I received from the company somehow tries to blame this on me. 
I just want my closing papers and move on, frankly. I would like to know what options are available to me - not only did the company kept me in a limbo when I could have applied to jobs for an entire year, they are trying to put the inefficiencies of their departments on me.
Asked 11 months ago in Labour

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8 Answers

You can issue legal notice to organisation yo pay your outstanding dues

 

2) rely upon correspondence exchanged with company whehetein they had approved your maternity leave 

 

3) they cannot now resile from said sanction and refuse to pay salary for maternity leave period 

 

 

Ajay Sethi
Advocate, Mumbai
84070 Answers
5480 Consultations

5.0 on 5.0

1. Only a case for criminal breach of trust can get you out of this situation. 

2. Once FIR is registered they would try to settle the dispute by paying you back. 

Devajyoti Barman
Advocate, Kolkata
22515 Answers
363 Consultations

5.0 on 5.0

Presently it's better you take your relieving letter and move on. You still want to fight then you can send then a legal notice and then file a case against them

Prashant Nayak
Advocate, Mumbai
24239 Answers
51 Consultations

4.4 on 5.0

You should send a Legal notice  asking for a full and final settlement and issue the  experience letter.

 

 

Thresiamma G. Mathew
Advocate, Mumbai
1629 Answers
185 Consultations

5.0 on 5.0

You first ascertain the facts, enumerate all those incidents that aggrieved you so far in a white sheet.

Discuss with an advocate at length on all those points and handover the white sheet to the advocate with instruction to issue legal notice to the company demanding your dues as well as the relieving letter with experience  letter and settlement of your F & F  if it still remains to be settled.

If you do not get proper responses or the company is avoiding to settle your dues citing some flimsy reasons you may approach appropriate legal forum to get your grievances redressed.

 

T Kalaiselvan
Advocate, Vellore
74174 Answers
1203 Consultations

5.0 on 5.0

Well, you should send them a legal notice and then sue them in case they do not respond.

Rahul Mishra
Advocate, Lucknow
13048 Answers
42 Consultations

5.0 on 5.0

From examining all the facts of your query I want to say that-
These cases are very common in various Courts of India and Supreme Court of India. I can understand your concern in this regard. I & my junior Advocates have dealt with various such cases in Supreme Court and most of the High Courts of India. Legal options are always available for you. Filing a case against your employer is not easy as he is likely to have better resources. However, this does not mean one should back off. There are several laws which protects the rights of the employees.
You can lodge a complaint to the Ministry of Labour & Employment. This would be a effective and inexpensive remedy.
You can also lodge a police complaint in the nearest police station of your area. Complaint can also be lodged online or by dialing the emergency numbers during Covid-19 pandemic. Police is bound to register the case against the employer under various provisions of the Indian Penal Code (IPC).


Article 21 of Constitution of India states that no person shall be deprived of his life or personal liberty except according to a procedure established by law.
In Maneka Gandhi v. Union of India, the Supreme Court gave a new dimension to Art. 21 and held that the right to live is not merely a physical right but includes within its ambit the right to live with human dignity. Elaborating the same view, the Court in Francis Coralie v. Union Territory of Delhi, observed that the right to live includes the right to live with human dignity and all that goes along with it, viz., the bare necessities of life such as adequate nutrition, clothing and shelter over the head and facilities for reading writing and expressing oneself in diverse forms, freely moving about and mixing and mingling with fellow human beings and must include the right to basic necessities the basic necessities of life and also the right to carry on functions and activities as constitute the bare minimum expression of human self.


Another way is to send a legal notice through Advocate to comply with the norms and also demand compensation for mental and physical agony. A legal notice is, therefore, a formal communication to a person or an entity, informing the other party of your intention to undertake legal proceedings against them. This notice, when sent, conveys your intention before the legal proceedings and thus, makes the party aware of your grievance. Many times, a legal notice served will bring the other party on heels, and the problem can get resolved out of court too, with fruitful discussions on both sides. And, if the other party is still not heeding to the grievance, one can always start the court proceedings after a particular interval, as stated by the law. Although a legal notice can serve as a purpose of negotiations between the parties and save time, effort and money that are usually spent in court cases.


You can take both civil and criminal legal action together. Civil action will be initiated by sending a legal notice and criminal action will be initiated by filing a police complaint. Both the cases will create pressure on the employer. In case of Syed Askari Hadi Ali Augustine Imam v. State (Delhi Admn.), (2009), the Supreme Court has held that indisputably, in a given case, a civil proceeding as also a criminal proceeding may proceed simultaneously.

You may contact my secretary to connect with me for clarification.

Gopal Verma,
Advocate on Record & Amicus Curiae,
Supreme Court of India

Shri Gopal Verma
Advocate, New Delhi
308 Answers
5 Consultations

4.0 on 5.0

They are harassing you so file a writ before Hon'ble High Court for the directions to release your legal dues and what ever they have put on hold, this will be quickest way for your grievance.

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

5.0 on 5.0

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