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Indian Law/Company is paying my Arrears ,PF & Final Settlement


I was worked in IT Firm in Bangalore from May 2010 to Sep
2012 and I resigned in 28th Sep 2012.I submitted resignation on 17th Sep 2012 with 1 month notice period as stated in Appointment letter but before the completion of my notice period the HR asked me to leave company after 11 days(On 28th Sep 2012) and I did so.
I received my annual revised salary increment letter for the year 2012 on June 2012 stating that 'you will be getting the arrears for the period Jan-June with the July month salary'.But the company still not released payout.When I asked for it at the time of my resignation,the HR person told that 'you will be received the payout'.One week before,when I called for that,they told that 'Arrears is only for onboard employees not for resigned'.Even they will not pay my full and final settlement and PF.I want to know Should I eligible to get the arrears and how to solve this issue and get my Arrears?

Your employer is doing a serious violations of the contract.You are certainly entitled to claim all arrears including P.F.Please immediately serve a legal notice to make full & final settlement of all your outstanding dues,threatening that failing which you shall be compelled to take both civil and criminal actions against them.Since,they have made premature termination of contract,you can also claim notice-pay.Please also make a complaint against them to the Regional P.F. Commissioner for non-payment of your P.F. dues.Their properties may be liable to attachment for the same.Further,make a complaint against them to the HR Minister of the Central Govt. alongwith a copy to the Labour Secy./C.M. of your State.Your case is an example of unfair labour practice and you are most likely to soon get appropriate relief, if you take the above actions.Such type of employer deserves serious punishment.Please take all actions in consultation of a service law expert to strengthen your case and positively preserve copies of all your documents including representations suggested above.Moreover, you should send all notices/representations to them through Speed-Post to prove your evidence before the court.Courts normally tries to protect the employees ,unless they are guilty of gross-misconduct in the dis-charge of their duties.

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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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