Salary not paid after resigning the org
Guest
(Querist) 27 September 2016
This query is : Resolved
I resigned from my organisation 10 month back because of there financial condition. and till now they have not cleared my dues. i filed a case in Labour court but they did not came to attend the date. Labour inspector gave me another date but what action can i take if they will not come again for the second time too.
Kumar Doab
(Expert) 27 September 2016
Approach a very able counsel specializing in Labor/service matters ASAP.
Your counsel may opine that;
You can lodge complaint;
With Inspector appointed under Shops & Estbs Act..............If you are covered by the def. of employee as in the Act.
Inspector appointed under Payment of Wages Act ,If you are covered by the def. of wages as in the Act.
O/o Labor Commissioner; If you are covered by the labor law enactments e.g; if you are covered by the def. of 'Workman' as in the ID Act
Civil suit with damages
Complaint u/s 406,420
Winding Up petition
PF; RPFC in PF office
Form16; ITO-TDS, CIT-TDS
ESIC: Jurisdictional Inspectorate
Many of the employee's/Trade Unions can support you.
Kumar Doab
(Expert) 27 September 2016
Hope you have mentioned the reason in notice of resignation/resignation/subsequent communications..........
Employee has nothing to do with financial difficulties of employer............
Employer could have paid all dues to everyone and closed.
Rajendra K Goyal
(Expert) 27 September 2016
Well advised, agree with the expert Kumar Doab.
Raj Kumar Makkad
(Expert) 28 September 2016
I also do endorse the wise advice of Doab especially his later part of first reply.
Guest
(Querist) 02 October 2016
My employer attended the 2nd date and they told that they dont have the fund to pay and they dont have the date when they will pay us the salary and they closed the matter infront of the labour inspector. And he accepted it. Is that possible. The labour inspector said we cannot do any thing about it.
Rajendra K Goyal
(Expert) 03 October 2016
If the matter before labor conciliation officer failed, file case before the labor court.
Kumar Doab
(Expert) 03 October 2016
Check with labor Inspector: if any written report is filed.
And if the matter is referred to ALC.
You may proceed for recovery of dues.
Guest
(Querist) 03 October 2016
Sir what is ALC, can you help me with it. and what if i tell you that, its the Labour inspector who informed the employer not to clear the amount till, he get his amount of commission. and he forced me to get his choice of laywer from his fellow men. And i am sorry to say that these laywer work as middle men who takes there fee and the labour inspector commission and then they force the employer to pay you the amount. if possible.
Kumar Doab
(Expert) 03 October 2016
ALC; Astt. labor Commissioner.
It is also Conciliation Officer.
You have posted that:" its the Labour inspector who informed the employer not to clear the amount till, he get his amount of commission. and he forced me to get his choice of laywer from his fellow men."
Do you have any evidence?
Kumar Doab
(Expert) 03 October 2016
Regret can not agree with you; "that these lawyer work as middle men who takes there fee and the labor inspector commission and then they force the employer to pay you the amount."
There are counsels of unshakable integrity and character and it is loudly visible.
Ask around at Labor Court/CGIT/CAT/Civil Courts/HC.....................at your location and you will agree with me.
Thus you shall also come to know of counsels that specialize in labor/service matters.
This is altogether different field of law and few counsels specialize in it and they are well known and usually such matters are referred to them.
Guest
(Querist) 03 October 2016
No sir i dont have eveidence but just after the 2nd day when my employer came and told me that they dont have fund and they dont have the time to tell me when they will get the fund to pay my salary. i even told that i dont have a job and i need money. the labour inspector did nothing and close the case as unresoved and asked me to get a lawyer. when i was speaking to one of the laywer as copuple of laywer were moving around with there clients. when i was speaking to one of the lawyer, The guy who sits outside the labour inspector cabin, he takes care of the labour inspector case, and other official work. from his eye contact he told me not to go for this lawyer. but at the same time the lawyer spotted me and took me out and told me not to listen them, and he explained me it all is planed with a very professional manner. and they do such things. i do not want to spend my earning by bribing or with lawyer fee and i am looking for easy way to get my dues cleared by my employer.
Guest
(Querist) 03 October 2016
if the employer have no fund then they have to sell there property and arrange for funds. why they are not doing it and why did the labour inspector forced them to do so.
Kumar Doab
(Expert) 04 October 2016
In the very first reply it has been posted all;whom you can approach.
Lodge complaint under proper acknowledgment.
The employer and Inspector can state in writing, in their reply and reports.
