Non payment of salary

This query is : Resolved 

19 June 2017

Summary of Facts

1. At the outset I, Makesh wish to express my extreme dismay regarding the treatment which is being meted out to me by my employer Vita Limited regarding breach of terms and conditions of our contract entered on 28th May 2017 as provided under section 6 of the said contract attached hereto as Annex 1.

2. On 30th January 2017 which was the agreed regular wage monthly pay date as per the new revised wage Vita policy dated? attached hereto as Annex 2, my monthly payment was not credited into my account and no further satisfactory explanation was given to me as to why I was the only standing out employee whose salary was not credited into account.I have hereto attached as Annex 3 a Bank statement showing gaps in payment of my salary.

3. On the morning of 31st Saturday 2017. I contacted the HR, Finance dept, Head of Business Department and Director regarding non payment of my monthly wage on the agreed wage payment date. Unfortunately, there was no response from my employer Vita as to my humble inquiry or explanation.

4. On 1st February, 2017 I further delivered a formal letter to my employer Vita requesting clarification and inquiry as to why my salary was not paid while other employees salary were credited into their account with pending no response or explanation from my employer Vita.

5. On 30th May, 2017, the same scenario occasioned itself and my salary was not credited into my account while other employees salary was credited on time and surprisingly on the same date my personal Vita mobile banking account was also blocked by my Head of Department without any further explanation as to the cause of action.

6. On 1st June 2017 I wrote an inquiry formal letter to my employer Vita regarding non payment of my monthly wage while other employees wage was credited into their accounts on timely manner as attached hereto as Annex 4 with no response from my employer.

7. On 3rd June 2017 the same monthly wage was credited into my account but not through the Vita Headquaters Account which is the normal transferee of funds to employees account but through Vita Branch] account. Attached hereto Annex 5. It is with no doubt that my employers action raises a question of doubt as why no notice or clarification were given in respect of default of my monthly payment. The said conduct has been a witnessed repeatedly routine of my employer regarding non payment of wage without any notice or explanation as to non payment or delay of such.

8. As an employee, I have the right to be paid my full wages as agreed in my contract of employment with Vita Limited dated 28th August 2016. I also have the right to be paid at the time given in which is on the 30th day of the consecutive month as per the change of company policy regarding payment of salary annexed hereto.

Basis of Claim

Based upon the evidence attached hereto, I assert that my employer Vita Limited has failed to provide reasonable and satisfactory explanation as to the non payment of my wage. I therefore base my claim on breach of contract.

Amount of Claim

I hereby claim the sum of six months wage as penalty for loss I incurred due to non payment of my wage (see enclosed invoice). Additional expenses which I have suffered or lost out due to the non payment of my wage on time.

Accordingly, I claim a total of Indian rupees 2 lakhs together with interest as permitted under at the rate provided by the recognized law of India per annum until final decision.

Next Steps

Vita Limited is expected to acknowledge this letter of claim within 14 days of the date of this letter and either pay the debt in full or provide a detailed letter of response within 28 days.

I am prepared to consider mediation and other forms of dispute resolution procedures prior to issuing Court proceedings to avoid uncalled for costly, time consuming and even embarrassing litigation.

Yours faithfully

Kumar Doab (Expert)
19 June 2017

NO attachment found.

The provision to attach is not available in this section.

Dr J C Vashista (Expert)
20 June 2017

Too long a story, consult a local lawyer.

P. Venu (Expert)
20 June 2017

Please state the simple facts.

Rajendra K Goyal (Expert)
20 June 2017

Full case file need to be referred, discuss with local lawyer.

Kumar Doab (Expert)
20 June 2017

The option to attach is in Forum section.

It shall certainly be better to approach a very able senior counsel of unshakable repute and integrity specializing in Labor/service matters with all docs and have a considered opinion.

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