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Non payment of bonus &tds certificate not provided

(Querist) 21 July 2014 This query is : Resolved 
Civil Law and Taxation

This is to provide to the forum that I have worked with M/s Nangia & Company (CA Firm Registration No. 002391C) (http://www.nangia.com) from Feb'13 to August'13. I have joined the company with the terms that I will be getting the joining bonus of Rs. 1.50 lacs on 30.06.13. Inspite of numerous reminders to them through Rakesh Kumar Nangia (CA Mem No. 070776), Neeraj Kumar Sharma (CA Mem. No. 097252) and Pankaj Mathur (HR Manager). the same has not been paid to me till date. Further due to non harmonious relationship with the employer, I was forced to quit in August'13.

I would like to tell that these people and company are fraud as the bonus has not been paid to me inspite of numerous letters being delivered to them through Labour Court and Ministry of Labour.

In addition to above these people have deducted TDS on the salary paid to me for a period of 6 months. However no TDS certificate has been provided to me till date for the period FY 2013-14 (last date for providing TDS certificate was 31.05.14). Inspite of reminding them the same, they have not provided the same to me.

Please inform the clients of this company how unprofessional people are running this organisation.

M:9871113580
Devajyoti Barman (Expert) 21 July 2014
File a case u/s 420, 406 IPC against them.
Dr J C Vashista (Expert) 22 July 2014
@ Megha,
What is your query?
You are complaining against the company or seeking some sort of legal advise?
What do you expect from the experts lawyers on this platform?
malipeddi jaggarao (Expert) 22 July 2014
We are not here to inform the company on your behalf. We can only provide legal advice basing on the content posted in the query.
Expert Shri Barman has given you solution. Please follow it.
Regarding payment of joining bonus, do you have any evidence of their commitment?
Regarding not providing TDS certificate, whether they have remitted to IT Department after deducting the same from your salary?
You can cheque the deduction over Net. You were working for a CA firm. You can as well take up the matter with IT Department if they have deducted TDS from the salary and not remitted to the Department.

You have only two grievances.
You can not attribute fraud on the CA company. You can settle these two grienvaces if follow my advice and also the advice of expert Shri Barman.
Rajendra K Goyal (Expert) 22 July 2014
If the company has not issued form 16, you can find out the tax deducted and deposited by them online by downloading form 26AS after registering you on TRACES.

For your claim send legal notice.
Megha (Querist) 22 July 2014
Hello All,

Firstly thanks to all of you for your replies.

I want to take legal advice as well as file a legal case against the company.

@malipeddi jaggarao - The only proof which I have got is that I have the appointment letter which says that Rs. 1.50 lacs is to be paid on 30.06.13 as joining bonus.(with no condition attached to this)

Please provide me contact nos. so that I will call and get in touch to file a case or call me at below no.

Thanks.

M: 9871113580
Dr J C Vashista (Expert) 22 July 2014
Engage a local lawyer dealing in service matters, show him/her your appointment letter (which I presume should not contain any such term- generally it is not there), seek his/her advise and proceed.
Raj Kumar Makkad (Expert) 22 July 2014
You have a fit case to initiate. Engage local lawyer dealing in service matters and move ahead.
T. Kalaiselvan, Advocate (Expert) 23 July 2014
This is a issue to be handled by a local labor law practicing lawyer or any other lawyer prudent in the subject. You may proceed by contacting a lwayer in your locality as per his advise.
Megha (Querist) 31 July 2014
Megha (Querist) 25 August 2014
Hi All,

This is to inform to the forum that my issue has been resolved within a month the day I posted on various professional forums just like lawyersclubindia. I think the words and intentions have reached to the respective persons.

Thanks to all for providing such a good platform where a person can express their problems or disputes.
Raj Kumar Makkad (Expert) 25 August 2014
I pay thanks to you for appreciating the experts and the site.
malipeddi jaggarao (Expert) 25 August 2014
I too join with Shri Raj Kumarji Makkad.


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