• Deducted a sum of 70987/- from my full and final settlement

I resigned from the company as they did not pay my salary for the month of Jan 2013 without any explanation, not only this the lower level management started coaxing me to resign if you are not getting paid. I resigned stating I am being forced to resign. They held Rs 70987/- without any explanation, in the month of April 2013. surprisingly in payslips of Jan, Feb and March does not reflect this amount. I got into deep depression and my parents came and took me to home after long treatment now I am back to normal. As my parents suffered huge financial as well mental depression. Even my mother has to take medication for depression. Can I claim damages.    company a fortune 500 one
Asked 1 year ago in Labour from Thrissur, Kerala
Well, from your dispute it is not clear what exactly the dispute is and why the company has withheld this amount.
If the same is without any reason or explanation then you have remedy.
For this you can file suit for recovery of balance amount as well damages arising out of this sudden act.
However do note that the civil suit to seek this remedy is time consuming and may not be cost effective.
So better try to resolve this amicably.
Devajyoti Barman
Advocate, Kolkata
13167 Answers
175 Consultations

5.0 on 5.0

Issue legal notice ti company to pay your outstanding dues of Rs 70000 

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

3) in alternative file summary suit to recover your  money 
Ajay Sethi
Advocate, Mumbai
46855 Answers
2771 Consultations

5.0 on 5.0

1. The remedy for you is to file a suit for recovery of money in the civil court to seek the release of your salary with damages. Since the company had forgone the notice period it cannot withhold the salary in this arbitrary manner. 

2. Before going to court issue a lawyer's notice to the company. 
Ashish Davessar
Advocate, Jaipur
23170 Answers
641 Consultations

5.0 on 5.0

The mental depression due to their negligence in pending issue if caused mental worries and tension you may approach top management with a legal notice asking them  to setle the amount being held by them.

If there is no respite for this then you may plan for initiating a legal process to recover the amounts due to you. 
T Kalaiselvan
Advocate, Vellore
36997 Answers
403 Consultations

5.0 on 5.0

I forgot to mention that they had forgone 2 month notice pay as per my request.

If the company had foregone the two months's salary towards your resignation, then it may not be worth following up your arrears amount to be received through court. 
T Kalaiselvan
Advocate, Vellore
36997 Answers
403 Consultations

5.0 on 5.0

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