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Indian Law/Amount due from last organization



I have worked with my previous organization for 5 years and 4 months and quit the company on Jan 31, 2012. Till date, I have not received my last working month salary, annual allowance due since Oct 2010, PF has not be given since April 2010 and gratuity. In spite of repeated reminders and interactions with the senior most management, there is no assurance of getting the due amount. Like me, there are many such ex-employees who have not received their dues. I have an e-mail that clearly mentions the financial dues that the company needs to clear but I am not sure if that can guarantee that I will be given the due amount. Please suggest what legal action can be taken in such a situation. I am presently employed in another company.

Since you have worked for more than five years, you are certainly entitled to gratuity.Your tenure covers the definition of continuos service.You are also entitled to claim your outstanding dues on account of salary,P.F.,leave encasement etc., subject to the terms of your engagement to be read with the relevant statutes.Gratuity and P.F. are statutory dues and it is your fundamental rights to claim them.You immediately serve a legal notice to claim them and threatening to take civil and criminal actions for non-payment of the above within a prescribed period,say within 15 days from the date of receipt of the said notice.However, kindly arrange to submit the prescribed withdrawal form immediately.Specimen of the said forms will be available in the relevant Act as well as its Rules.You can also lodge a complaint before the ALC & CA for non-payment of gratuity.For non-payment of PF dues, you can make a similar complaint before the Office of RPF Commissioner.

You can take the above actions and it is immaterial whether you are presently employed or un-employed.This is your legal right as per the contract and nobody can deprieve you from claiming them.

In view of the above, please take appropriate actions in consultation with a suitable lawyer.

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Arun Kumar Maitra


Contract Law,Companies Act,Sale of Goods Act,Partnership Act,Negotiable Instument Acts,Constitution of India,Arbitration Act,Consumer Protection Act,Maternity Act,Payment of Gratuity Act,Payment of Bonus Act,Shops & Establishment Act etc.The answer to the grievance of the particular online query depends on the facts of the particular case and law applicable to it.However,my comments relating to the various queries raised through the "All Experts" should not be treated as legal advices and should not at all be relied upon.I do not accept any responsibility for them.They will only give you some ideas about the probable merits of your cases.Ultimate actions/decisions in the matter may please be taken in consultation with the Legal Experts in the relevant fields.My purpose of giving the comments is to increase my own knowledge on the subjects and share it with others.It is purely of academic interest to me. I strongly feel the more knowledge we share,the more we shall be able to learn because there is neither any age nor any end to learning.


I have experience of dealing with matters relating to holdings of board/general meetings,maintenance of statutory registers,filing of necessary returns with the RoC,obtaining licenses for import,replies to Parliament Questions,dealing with the Parliamentary Committees,appearing before various courts to defend my employers,filing affidavits/counter -affidavits,preparing written statements/re-joinder,giving advice to management on complicated legal issues,preparation,drafting and vetting of contracts etc. I have more than 35 years of experiences to deal with the Company Law and Other Commercial Laws of leading Organisations in the country both in Public as well as Private Sectors.

Member,Inst. of Chartered Accountants of India Member,Inst. of Company Secretaries of India; Member,Bar Council of India Member,All India Management Association Member,Delhi Management Association Ex. Vice-Chairman,Durgapore Chapter of the I.C.A.I. Expert ,CA Club India Expert ,Lawyers Club India Expert,AllExperts Ex. Faculty ,I.C.S.I as well as I.C.W.A of India Retd. Co. Secy. & G.M.(Law)/NFL(A Mini-Ratna A Schedule Central P.S.U.),New Delhi Ex.V.P.(Secretarial Dept.),Jaiprakash Associates Ltd. Ex. Co. Secy.,MAMC(A Govt. of India Enterprise),Durgapore



Awards and Honors
Obtained ''A'' Grade Certificate in the Parliamentary Procedure from the Secy. General of Parliament in 1994-95.It was in connection with a training course conducted by the BPE for PSU Executives.

Past/Present Clients
I am presently working as a Company Secretary in Old World Hospitality Pvt. Ltd.located in Delhi.It is engaged in Hospitality Industry.It has Units in India and abroad.It has been given the responsibility to look after operation & Management of ''India Habetat Centre'' located at Lodhi Road,New Delhi.

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