Legal Question in Employment Law in India
My ex-employer is not paying full dues in Full and Final settlement
I am left employer around 50 days ago , when I approached them for my full and final settlement , they refused to pay me an amount of my full amount . The are not paying me Rs 55,000 on the reason that this amount was set as my buyout(from my earlier employer) when I joined the the firm, this clause was never discussed with me or ever given in written any where in my appointment letter or any other legal employemnt papper. I would like to know how can I make my case so that I get all my legal dues back. Please advise ..
2 Answers from Attorneys
Re: My ex-employer is not paying full dues in Full and Final settlement
You may want to engage a local cousel to file a civil suit in the trial court for recovery of your dues; before filing a suit, you or your counsel may send a demand notice to your employer seeking settlement of your dues.
Re: My ex-employer is not paying full dues in Full and Final settlement
You have to file as per Section 62 of Industrial Dispute (central) rules i.e., Application for recovery of dues
(1) Where any money is due from an employer to a workman or a group of workmen under a settlement or an award or under the provisions of Chapter V-A or Chapter V-B, the workman or the group of workmen, as the case may be, may apply in Form K-1 for the recovery of the money due:
Provided that in the case of a person authorised in writing by the workman, or in the case of the death of the workmen, the assignee or heir of the deceased workman, the application shall be made in Form K-2.
(2) Where any workman or a group of workmen is entitled to receive from the employer any money or any benefit which is capable of being computed in terms of money, the workman or the group of the workmen, as the case may be, may apply to the specified Labour Court in Form K-3 for the determination of the amount due or, as the case may be, the amount at which such benefit should be computed:
Provided that in the case of the death of a workman, application shall be made in form K-4 by the assignee or heir of the deceased workman.
So as per the above proviso you can recover your due legally along with interest and damages thereon.
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