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Indian Law/Final Settlement not done since last 2 years and 11 months


Hi Javed,
I resigned from previous Employer on 21 May 2010, but still my Final Settlement is not done.
Please let me know:

1. Is there something like if Final Settlement not done for 3 years it will be considered as Null and Void ?
2. If I initiate legal action then how much expenses will be there. As total final settlement amount is around 24,000, so it doesn't make sense if much amount needs to invest.

Dear Syed,

The issue is not about quantum, it is principle that is important. Your right to receive the amount on Final Settlement if given in writing by your employer is enforceable debt and can be recovered.

To initiate recovery, you need to send a demand notice through a good lawyer and await the response. Based on the response, you can decide to go for recovery at the expiry of the time stipulated in the notice to pay the due amount under the Final Settlement.

The matter is below fifty thousand and Small Causes Court will be deciding the matter. If you have all evidence, then the Court can decide under summary procedure and decree the suit for the amount.

A good lawyer on civil side will be best able to guide and assist you in this matter.

All the best
Javed Razack

Indian Law

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Javed Razack


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