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Himanshu Mandot   23 January 2017

Non payment of salaries

Hi, I am Himanshu Mandot, working with Cure Life Care Pvt. Ltd. as a manager -commercial since May 2013. My Salary is Rs. 75000 p.m. which i did not got since October 2016. Company has given me a notice stating that due to it's financial condition, they are forced to close the employment contract from 1st of january 2017. Now they have paid only thirty thousand on 06.01.2017 and that too from their sister concern and not paying the pending salaries, saying that the bank has feezed the company account, (due to account become NPA) hence can't pay the salary. They say that they can pay the salaries only if the account comes under working condition. I do not know how can I recover the salary please suggest if any legal advice can be taken


Learning

 13 Replies

Kumar Doab (FIN)     23 January 2017

You have posted that: “Company has given me a notice stating that due to it's financial condition, they are forced to close the employment contract from 1st of january 2017. Now they have paid only thirty thousand on 06.01.2017 and that too from their sister concern and not paying the pending salaries, saying that the bank has feezed the company account, (due to account become NPA) hence can't pay the salary. They say that they can pay the salaries only if the account comes under working condition.”

 

The said notice of termination is in writing?

The notice is issued on which date?

What is notice period of termination of employment?

The said statement of a/c being NPA/ frozen is in writing?

Have you received salary slips of all months and also for partial payment?

The a/c has not become NPA due to employee(s).

Employee is not responsible for it.

Hope bank is not proceeding for liquidation.

Kumar Doab (FIN)     23 January 2017

Are you (and other affected employees) a member of employee's/trade unions?

 

As per your designation and nature of duties you might/might not be covered by the def. of ‘Employee’ as in Shops & Ests Act, ‘Workman’ as in ID Act.

As per breakup of your salary; you might/ might not be covered by Payment of Wages Act. This Act does not discriminate between ‘Workman’, ’Non Workman’.

If you are not covered you may have to approach civil courts.

All affected employees may join hands and approach a very able counsel specializing in Labor/service matters with all employment related documents and communications on record……………………

You counsel can render considered opinion and other perspectives like to file complaint u/s 406,420 and ‘Winding Up Petition’

 

Kumar Doab (FIN)     23 January 2017

Are you (and other affected employees) a member of employee's/trade unions?

 

As per your designation and nature of duties you might/might not be covered by the def. of ‘Employee’ as in Shops & Ests Act, ‘Workman’ as in ID Act.

As per breakup of your salary; you might/ might not be covered by Payment of Wages Act. This Act does not discriminate between ‘Workman’, ’Non Workman’.

If you are not covered you may have to approach civil courts.

All affected employees may join hands and approach a very able counsel specializing in Labor/service matters with all employment related documents and communications on record……………………

Your counsel can render considered opinion and other perspectives like to file complaint u/s 406,420 and ‘Winding Up Petition’

 


(Guest)

Dear Himanshu Mandot,

Out of the three posts of Mr. Kumar Doab, could you find any purposeful advice to solve your problem?  At first, through two of his posts, he asked the following questions:

The said notice of termination is in writing? The notice is issued on which date? What is notice period of termination of employment? The said statement of a/c being NPA/ frozen is in writing? Have you received salary slips of all months and also for partial payment? Are you (and other affected employees) a member of employee's/trade unions?

Thereafter twice he advised you ""Your counsel can render considered opinion and other perspectives like to file complaint u/s 406,420 and ‘Winding Up Petition’."

If you had your own counsel, what for he made three posts and asked you so many questions?

Secondly, you would be justified to ask him, for what purpose you should file complaint u/s 406,420  and under which Act, and further, what you would be able to gain, if you file a winding up petition and under which section of which Act? In fact, besides vague and confusing advice, he has shown you the way to spend thousands of rupees, besides the way to add to your woes by waste of years together in your struggle with the company.

Since I have alerted you about his vague, wrong and confusing advice, you will see that his session starts now for hurling abuses on me.

Kumar Doab (FIN)     24 January 2017

Dear LCI Author @ Mr. Himanshu Mandot,


I do not permit Dhingra to comment on my comments and my posts. Any details that I send to you are not to be shared with Dhingra.  

It is because of years of abuse, nuisance that Dhingra has been littering at LCI. You may go thru the threads placed by LCI under his profile.

The readers who have gone thru have known that Dhingra is abuser and have been raking disputes, fights, controversies and littering nuisance.

The experts are perfectly aware of his abuse. He has not spared anyone:: be it querist/author/member/fellow experts.  

 

Few days back also he has been stalking me from about 4.20 pm to 10pm. He remains glued to his computer and loitering at LCI and the moment I log in he starts stalking.

 

He has threatened me with consequences so bad that he will be coming in my dreams.

 

Although Dhingra has been downloading and storing the highly illustrated threads, attachments, citations, ACTs, etc etc  posted by me, and storing these in his computers, and using these to allure the unsuspecting querists/authors.  

Dhingra is NOONE and NOBODY to ask you or anyone to ask to do anything at LCI, including but not limited to asking you to question me.

 

Kumar Doab (FIN)     24 January 2017

Kingfisher Episode is still fresh in memories of persons/employees in Republic of India.

I am not aware of what happens in Tribal or lawless belts of other countries like; Pakistan.

Learning for the community of employee’s is: employee(s) need to act before it is too late.

 

First of all become aware that you are protected by the umbrella of Labor Laws or not or you have to approach civil courts. As already posted your seasoned employee’s/trade unions leaders, counsel specializing in Labor/service matters, can help you.

Some employee’s by virtue of their proximity to employers and sensitive matters may attain some handle on employer/owner and may succeed in getting paid. Sign a receipt, keep a copy and close the matter.

Some employee’s may belong to communities that have numbers and influence and even such community leaders can be of help.

The employers that are borrowers and defaulters (e.g; Kingfisher) should not be given a very long rope.

Employee should firm up next venture/employment and leave ASAP.

If the employment and payment of salary is intact, employee can fight later also.

 

Kumar Doab (FIN)     24 January 2017

Such employers and their HR personnel might agree to issue all docs e.g; salary slips of all months, acknowledgment and acceptance of notice of resignation and handover of charge, NOC/NDC, service certificate, relieving letter ( with good comments on conduct and performance) , correct FnF statement, Form 16 as per correct FnF statement, PF number etc etc and even good report in BGV/reference checks etc etc…………and even cheue for FnF dues (even if bounces later) 

 

 

Kumar Doab (FIN)     24 January 2017

If you are confident that you are properly informed and are skilled you can decide to handle your matter as PIP ( Party in Person).


(Guest)
Dear Himanshu Mandot,
 
Dhingra does not require any permission from Mr. Kumar Doab to caution any solution seeker to make him alert from his wrong, misleading and side tracking advice through his multiple posts, as he vainly tried to justify himself with his statement, "I do not permit Dhingra to comment on my comments and my posts. Any details that I send to you are not to be shared with Dhingra."
 
Still further, he has instructed not to send any detail to me with the fear that he would be completely exposed on his wrong advice, as has already been exposed at the following threads for his extremely wrong and sidetracking advice to various solution seekers:
 

You may like to see some examples, where Mr. Kumar Doab tried to make the problems complicated by side-tracking the issues to quite a different directions.

FOR EXAMPLE Mr. Kumar Doab confused the authors of a problem pertaining to "wife's share to property" but loaded with his HUNDREDS OF PAGES of google searched irrelevant junk material consisting of amendment of Goa Educational Rules and an Act of succession after death of the owner, while the person was still alive. You may like to see that by opening the link: https://www.lawyersclubindia.com/experts/Wife-s-right-to-share-in-property-in-Goa--626526.asp 

A question arises, when the problem did not have even a remote concern with education in Goa, for what purpose that link was provided?

ANOTHER EXAMPLE can be seen in the problem of the author concerned with “purchased property without sale deed”, but Mr. Kumar Doab gave the colour of adverse possession due to that even the experts could get misled and concentrated their advice about adverse possession of the property. The same can be seen at the link: https://www.lawyersclubindia.com/experts/Notary-land-documents-625956.asp

STILL ANOTHER EXAMPLE can be seen from the following link, where Mr. Kumar Doab tried to confuse a querist with several contradictory and vague advice when he asked a question how to tackle the problem where people are threatening the family and how to transfer the property in to their name, as those persons possess No. of cheques issued by his deceased father in lieu of some personal debts: https://www.lawyersclubindia.com/forum/details.asp?mod_id=145740&offset=3

There are several such type of examples where he used to misguide and confuse the members with his wrong advice in order to lure them to make them diverted to some of his favourite lawyers, probably to earn some commission through them.

EVEN FROM THE ABOVE 7 POSTS OF MR. KUMAR DOAB, JUST THINK SERIOUSLY, COULD YOU GET ANY CLUE WHAT COURSE OF ACTION YOU SHOULD ADOPT TO SOLVE YOUR PROBLEM?

ALSO, WITH SPECIFIC REFERENCE TO YOUR INDIVIDUAL PROBLEM, WHAT WAS THE SIGNIFICANCE OF THE REFERENCES OF KINGFISHER EPISODE AND TRIBAL OR LAWLESS BELTS OF OTHER COUNTRIES LIKE PAKISTAN, WHICH HE MADE ON THE PRETEXT OF ILLUSTRATED THREAD?

Now about his exxaggerated blame, "Few days back also he has been stalking me from about 4.20 pm to 10pm. He remains glued to his computer and loitering at LCI and the moment I log in he starts stalking," you would be justified to ask him to give reference of such posts at LCI, which he blamed to have been made between 4.20 pm to 10.00pm. That day exactly at 8.25pm I went to seleep. Question of 4.20 does not arise at all. I made only 2 or 3 posts that day. So, how that could take such a long time of more than 5 1/2 houras?

However, if he considers my caution against his wrong & misleading advice to some solution seeker, as stalking for him, he is free to assume anything he likes.

 


 

 

Kumar Doab (FIN)     25 January 2017

Dear LCI Author @ Mr. Himanshu Mandot,
 


We believe that you are a genuine employee and have a genuine query.


You may go thru:



https://www.lawyersclubindia.com/experts/Search-of-a-missing-company-626301.asp



And carefully note the posts:



“It may attract many posers loitering at many forums to fleece the unsuspecting querist/authors.......



So you should be ...BEWARE of abusers.

Saliva may run out of mouth.

( Mooh se paani nikkal ayega)


Take help of your near and dear ones, elders of the family, family lawyer before you choose.



You may go thru all threads posted under profile all experts..under Forum/Experts sections and make your on judgment.”
And 


“Mr. Kumar doab sir, 
Thanks for your caution advise. Kind of you sir”

Kumar Doab (FIN)     25 January 2017

Dear LCI Author @ Mr. Himanshu Mandot,

 

He has advertised his jealousy, hatred and greed once again to allure you; the one more unsuspecting querist at LCI.



Out of sheer frustration out of an unsound mind, he has pasted the above message on my profile page also, in the dead of night yesterday; 24 January,2017.



You and anyone can check it.
You and anyone can check how many times he has visited my profile in last few days; whopping 39 times.




He must have allured some of his gang members/chamchaas/co-sharers also.




While you check it you may also go thru other messages from even experts regarding habitual provocation and abuse by this Dhingra.



You can read and store all of these and show the printouts to elders of your family, competent and experienced well wishers, employee’s/trade union leaders, your own counsel/lawyer/law firm. It is possible that many of them would already be aware of this abuser, pretender and poser.




While you carefully examine alongwith help of your own family members you will also note that his unsound mind has aggravated his disorders in last 8-10 months to infinite and incurable limits.



His condition was also bad before last 8-10 months.


(Guest)

Mr. Kumar Doob,

You are welcome with expression of your irritation and frustration. But, the fact cannot be denied about you, as a hidden person withotu real identity.

 

Kumar Doab (FIN)     25 January 2017

Dhingra,

Any expert, member, querist, author will be deciding about him/her at LCI, not Dhingra (You).

My persona is loudly visible and available in all threads place under my profile at LCI.

 

Your photo of a very old man of nearly 80 years and "Jackaal of All Trades" profile that you advertise at LCI is fake, misleading and is aimed to allure unsuspecting querist/authors and extract FEES from them.

 

Your conduct at LCI with querist/authors/members/experts/admin has been despicable in all years.

 

Your conduct has become all the more abusive in last 8-10 months and it is loudly visible in all threads placed under your profile.

 

At your age and stage any person will improve however you are the sole example; who is becoming abusive day by day at fag end of life.

 

Your own frustrations, failures,  in your own life due to any reason are your own and personal  problems and you suffer from these in your private fiefdom.

 

Had you come to us as a humble querist ; WE would have continued to help you.

 

Since you are pretender, poser, abuser and have been littering nuisance without any sense of shame and remorse, you are dejected and sunned and shunted.

 You shall be getting a befitting response as assured and theres shall be NO blanks.

 

 

 

 

 

 


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