Legal Question in Employment Law in India

Company is not settling account

I was a permanent employee of RHYDBURG Pharmaceuticals Limited since 26.11.2001. Everything was going on smoothly. However, on 14th March'07, the Company's MD informed my subordinates that I was not longer associated with them. I WAS NEITHER SERVED NOTICE NOT IMMEDIATE TERMINATION LETTER. On repeated reminders, when I failed to get any document from them (so that I could claim myself relieved and look for another job), I served them a NOTICE FOR RESIGNATION on 3rd April'07 (as per clause in my Appointment Letter). A month later, on 03.05.2007, I submitted resignation. This way, I lost no less than 48 days - all spent in extreme agony. Still, the Company is neither issuing me Relieving Letter nor settling my a/c. As per rules, I am entitled to gratuity also. What do I do? Am I entitled to salary till 03.05.2007 (though I did not work - as I was not assigned any - from 15/3/07)? How do I fill my Income Tax Return as the Company is not even issuing me Form 16A? Please help me.

The Company does have a Registered Office still in Delhi though they have shifted their manufacturing and other major administrative activities in Dehradun.

I was working in the capacity of Marketing Manager drawing Rs 23,000/month. Do I count as workman?


Asked on 5/12/07, 10:55 am

1 Answer from Attorneys

Re: Company is not settling account

In the capacity of being manager you does not come in the category of workman.you may serve the company a legal notice and can claim your due ammount and TDS certificate etc.and then can file your income tax return attaching copy of the notice.The income tax deptt. will take action if TDS certificate will not be sent to you personally.You may file suit for recovery suit and can claim all your due ammount and damages etc. For any other query you may cal on my mobile also.

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Answered on 5/12/07, 12:23 pm


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