Legal Question in Employment Law in India

02.04.2015

Dear Sir / Madam,

When you say that 'all the 30-40 odd people are done with "exit formalities" of the Company', if by "exit formalities" you are implying that the Company has handed over to each of the 30-40 odd people a Cheque, or a direct amount credit to each of the 30-40 odd people's Bank A/c including yourself, expressing stating in writing in the Company that the Cheque or direct credit payment made by the Company is in full and final settlement of dues owed to the employee and that the employee agrees there are no pending claims or dues of the employee with the Company and if all the 30-40 odd people have accepted and signed the letter and handed it over to the Company at the time of exit, I do see not foresee even a remote possibility of either you alone, or all the 30-40 odd people together in the Group succeeding with "raking" up the issue of your dues not being paid and settled by the Company. Presuming this acceptance and signing of full and final settlement dues has not taken place, you and the 30-40 odd people should individually make out a Statement of Pending Dues owed by the Company on A/c of Salary, Provident Fund, Gratuity and Bonus (only if announced and declared by the Company, but still not paid) and any other outstanding allowances or dues which are pending, this Statement of Pending Dues for each of the 30-40 odd people duly signed by them, and a Summary Statement of Total Pending Dues should be sent by Courier / Speed Post to the Company for their information and settlement. A copy of the covering letter to the Company should also be forwarded to the respective local Labour Commissioner, Registrar of Companies and the SEBI Registrar if it is a limited company, Regional Provident Fund Commissioner in which each employee was posted i.e either Mumbai, Hyderabad, Chennai etc, and also to each of the respective Commissioner / Registrar Offices in Chennai - where the Head Office of the Company is located. The clause regarding concerned city Court under whose jurisdiction the misunderstanding or legal dispute will be addressed and referred to for arbitration, negotiation and settlement ought to have be mentioned in each of the 30-40 odd employee's Appointment Letter.

Regards,