Dear sir, I have been working in the pharma segment, and I have had a terrible experience sharing. Almost 5–6 companies have not settled my genuine dues of salaries and expenses. Some are almost 5–8 yrs old n the latest one is almost 75 days old.
Some have some special statements written on there appointment letters, which gives them freedom , and others seem to have no concerns at all.
I cannot take legal action against them as a don't have so much money.
In the latest episode, my company says that they cannot give me my full n final till the time stockist does not pays his dues to the company.
In this regards, I want to inform you that
1 I have no dues on the stockist
2 I have returned all my property
3 companies settlement time is of 45 days
4 after fighting so long I have received one part as salary but expenses are still held
they say that they will only settle my dues when the stockist pays his pending payments.
1 I have no dues certificate from all stockists
2 And my views on this is
1 I'm not in organization now, how am I responsibile for the old payments of my time, because it's responsibility of the current staff to follow up for his secondary n payments
2 party's due on company is around rs 46000 but stockist already has non sellable goods of rs 70000 in his shelf .
3 the current staff do not meet the stockist, help in liquidation of stocks or clearing payments.
Kindly help me with your detailed view in how to get my ffs from this organization as I have
1 written several times on main with no proper response.
2 I have called many times to hr n concerned managers but they repeat same thing, ie payments of one stockist
Kindly help me with solution to get my ffs from this n old pharma companies.
Thanks
Jasvinder singh
From India, Lucknow
Some have some special statements written on there appointment letters, which gives them freedom , and others seem to have no concerns at all.
I cannot take legal action against them as a don't have so much money.
In the latest episode, my company says that they cannot give me my full n final till the time stockist does not pays his dues to the company.
In this regards, I want to inform you that
1 I have no dues on the stockist
2 I have returned all my property
3 companies settlement time is of 45 days
4 after fighting so long I have received one part as salary but expenses are still held
they say that they will only settle my dues when the stockist pays his pending payments.
1 I have no dues certificate from all stockists
2 And my views on this is
1 I'm not in organization now, how am I responsibile for the old payments of my time, because it's responsibility of the current staff to follow up for his secondary n payments
2 party's due on company is around rs 46000 but stockist already has non sellable goods of rs 70000 in his shelf .
3 the current staff do not meet the stockist, help in liquidation of stocks or clearing payments.
Kindly help me with your detailed view in how to get my ffs from this organization as I have
1 written several times on main with no proper response.
2 I have called many times to hr n concerned managers but they repeat same thing, ie payments of one stockist
Kindly help me with solution to get my ffs from this n old pharma companies.
Thanks
Jasvinder singh
From India, Lucknow
Dear Jasvinder Ji, You should compliant with DLC/LC in writing against these companies that you did not get F&F payment. Beside, you may also send legal notice to these companies. Thanks
Dear Jasvinder,
You have not provided your designation(workman or supervisor or manger).
What your company is saying have no sense or meaning because goods either sold in cash or credit or cash & credit both. The company can not relive from the service or hold one till realisation of credit is out of the law.
Therefore,you can register your case in labour office being a workman or can file a case in court if not a workman under payment of wages.
From India, Mumbai
589You have not provided your designation(workman or supervisor or manger).
What your company is saying have no sense or meaning because goods either sold in cash or credit or cash & credit both. The company can not relive from the service or hold one till realisation of credit is out of the law.
Therefore,you can register your case in labour office being a workman or can file a case in court if not a workman under payment of wages.
From India, Mumbai
Hi Jasvinder singh,
What made you keep quiet for so long. I afraid, many of your claims barred by Limitation Act provisions. I have to check this aspect w.r.t. to your exact dates of leaving/last working day(s)
Please read few relevant websites for your guidance:
https://www.nitsotech.com/blog/full-and-final-settlements-in-payroll/
https://razorpay.com/payroll/learn/full-and-final-settlement-fnf/
https://indiankanoon.org/doc/1317393/
Presuming your claims are affected by the Limitations, the relevant provisions highlighted in Supreme Court case is reproduced for proper understanding of the law of limitations:
Quote:
“3. Bar of limitation.- (1) Subject to the provisions contained in sections 4 to 24
(inclusive), every suit instituted, appeal preferred, and application made after the prescribed period shall be dismissed, although limitation has not been set up as a defence.”
The courts have always treated the statutes of limitation and prescription as statutes of peace and repose. They envisage that a right not exercised or the remedy not availed for a long
time ceases to exist. This is one way of putting to an end to a litigation by barring the remedy rather than the right with the passage of time.
In other words, the courts are conferred with discretionary powers to admit an appeal even after the expiry of the prescribed period provided the proposed appellant is able to establish ‘sufficient cause’ for not filing it within time. The said power to condone the delay or to admit
the appeal preferred after the expiry of time is discretionary in nature and may not be exercised even if sufficient cause is shown based upon host of other factors such as negligence, failure to exercise due diligence etc.
13. It is very elementary and well understood that courts should not adopt an injustice-oriented approach in dealing with the applications for condonation of the delay in....
SPECIAL LEAVE PETITION (CIVIL) NO. 31248 OF 2018. PATHAPATI SUBBA REDDY (DIED) BY L.Rs. & ORS. …PETITIONER(S) VERSUS THE SPECIAL DEPUTY COLLECTOR (LA) …RESPONDENT(S)..
Unquote:
https://www.advocatekhoj.com/library/lawreports/limitationact1963/61.php?Title=The%20Limitation%20Act,%201963&STitle =Article%206.
If your problems are beset with your financial inadequacy to take up your cases in the court, you have last opportunities cost-effective channels like Labour court/Conciliation as provided in law. Simply filing a petition with the Labour Office concerned would have solved your claim issue which you have ignored.
Still you can try filing petitions before the concerned Labour Dept.for proper process under law.
From India, Bangalore
What made you keep quiet for so long. I afraid, many of your claims barred by Limitation Act provisions. I have to check this aspect w.r.t. to your exact dates of leaving/last working day(s)
Please read few relevant websites for your guidance:
https://www.nitsotech.com/blog/full-and-final-settlements-in-payroll/
https://razorpay.com/payroll/learn/full-and-final-settlement-fnf/
https://indiankanoon.org/doc/1317393/
Presuming your claims are affected by the Limitations, the relevant provisions highlighted in Supreme Court case is reproduced for proper understanding of the law of limitations:
Quote:
“3. Bar of limitation.- (1) Subject to the provisions contained in sections 4 to 24
(inclusive), every suit instituted, appeal preferred, and application made after the prescribed period shall be dismissed, although limitation has not been set up as a defence.”
The courts have always treated the statutes of limitation and prescription as statutes of peace and repose. They envisage that a right not exercised or the remedy not availed for a long
time ceases to exist. This is one way of putting to an end to a litigation by barring the remedy rather than the right with the passage of time.
In other words, the courts are conferred with discretionary powers to admit an appeal even after the expiry of the prescribed period provided the proposed appellant is able to establish ‘sufficient cause’ for not filing it within time. The said power to condone the delay or to admit
the appeal preferred after the expiry of time is discretionary in nature and may not be exercised even if sufficient cause is shown based upon host of other factors such as negligence, failure to exercise due diligence etc.
13. It is very elementary and well understood that courts should not adopt an injustice-oriented approach in dealing with the applications for condonation of the delay in....
SPECIAL LEAVE PETITION (CIVIL) NO. 31248 OF 2018. PATHAPATI SUBBA REDDY (DIED) BY L.Rs. & ORS. …PETITIONER(S) VERSUS THE SPECIAL DEPUTY COLLECTOR (LA) …RESPONDENT(S)..
Unquote:
https://www.advocatekhoj.com/library/lawreports/limitationact1963/61.php?Title=The%20Limitation%20Act,%201963&STitle =Article%206.
If your problems are beset with your financial inadequacy to take up your cases in the court, you have last opportunities cost-effective channels like Labour court/Conciliation as provided in law. Simply filing a petition with the Labour Office concerned would have solved your claim issue which you have ignored.
Still you can try filing petitions before the concerned Labour Dept.for proper process under law.
From India, Bangalore
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Full n final settlement.doc