Legal Question in Employment Law in India
final settlement on resignation
I resigned in Nov.07 from a so called reputed company in Gujarat who forced me to stay their unsafe and hardous Township almost inside company Premises. I wrote to release me & pay my dues at the earliest.I stayed 10 days extra for formalities and was released from Presonnel dept., but from Accounts dept. dues was not settled and I was assured that within 7 days I will receive the same. After that I followed up a lot for my dues of app. Rs.5 lacs but noreply received.Now almost total management is changed and they are explaining my almost all demand in other angle saying most of the items are not payblbe as per company rule or documents not availbale with them & asking money from me about 50k without giving any explanation or statement.I want to go for legal action.I have many coorrespondence in Fax & email (are these legal document ?). Even during service period they forced me to sign on stamp paper to return the amount ( Rs.75k) for fURNITURE EXPENSES (which is a clear part of salary - payable once in 6 years) during resignation. Once they are splitted the salary into fixed and varibale. Fixed were given everymonth & variable once in year( they informed will not pay now). Etc many others. Please advice how should I proceed
3 Answers from Attorneys
Re: final settlement on resignation
Your case is strong and proceed as per Industrial dispute act 1947 so there is nothing to worry.
Re: final settlement on resignation
Yes, emails and fax can be accepted as evidence by court. For initiating legal proceedings you may have to consult a local lawyer who has experienced in labour related issues.
Re: final settlement on resignation
You may be entitled to file a civil suit for declaration of your status and for claiming damages from your employer.
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