I have resigned and was relieved from my previous organization on 30 Sept 2016. I was the Head HR of the organization. Inspite of repeated SMS, WhatsApp, Mail and personal request, they have not yet released my full & final. Also my two moths salary is on hold (2 months was the notice period there). As per the last mail communication with MD, he has given me in writing that it would be cleared by end of October. But till today there is no update. He is not replying to my msg also. Around 6,00,000/- is on hold. Can I legally do anything to get it cleared?
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1) issue winding up notice to company for non payment of your salary dues of Rs 6 lakhs
2) if company fails to pay file winding up petition
3)company will pay if it does not want winding up petition to be admitted
4) in the laternative file summary suit under ORDer XXXVII of CPC to recover your dues
issue a legal notice to MD and company and demand your money, if they are not ready to make the payment within notice period then you may file a civil suit for recovery and also file a complaint before labour commissioner.
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Now issue the ex-employer a lawyer's notice through your lawyer seeking the release of your salary along with legal cost. If it is still not released then a suit for recovery will have to be filed by you to have your salary released. The employer is bound to clear the full and final settlement of an employee who resigns in accordance with the employment contract,
