Neeshu (software professional) 13 March 2015

Not giving my remaining salary

I worked 3 years in ADAS Technologies (www.adastechnologies.com/) and I left this company in 2010 because of irregularity to pay salary on time and partial payment of salary. Due to those unsurvival conditions, I had to quite my job and at that time my due salary amount was 55143 INR and without considering the overall situation, I was asked to buyback my notice period and I had no choice, so I did it. They deducted my 2 months salary and made a commitment to pay remaining amount 27143 INR in future.

I was provided all the relevant documents like experience letter, resignation acceptance and also have the Joining letter and salary increment letter etc.
I always followed him (Dipyaman Baral) by call /e-mail. He repeatedly said the same words that he would paid my amount as soon as possible. But now I started to insist him and remind that four years has been passed and still I am waiting to receive my remaining salary then he changed his stand and started to denies what he committed earlier and gave baseless reason to deduct my whole salary.
Please help me out.

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1 Replies

Kumar Doab (FIN) 13 March 2015

1.Who has advised you to wait for 4Years? Your lawyer or Employee’s/Trade Unions leaders……!

The Owner/Director/MD etc has believed that limitation shall apply in your case and after 3Y your claim shall be barred by limitation.

However you need to provide some more information and it is possible that NO LIMITATION may be applicable in your case.

2. Are you a member of Employee’s/Trade Unions e.g. CITU/INTUC/AITUC/BMS etc?

If not why? You should become a member and then it shall be easy to defend yourself from exploitation by unscrupulous employers.

3.You were in which state?

4. Redg. office of the company was in which state? What is this establishment: Commercial, Industrial? What is its line of business: banking IT etc?

5. How many persons were employed in it?

6. What was your designation and nature of duties? How many people were reporting to you? Did you have any power to employ,terminate,sanction leave (or recommend ……but clarify) ,grant increment etc?

7. What was your salary: Basic,DA……..etc and total.

8. Was any salary slip, PF number and a/c slip, ESIC card,Form16 issued to you?

9. Your reporting office was in which state?

10. What was the notice period mentioned in appointment letter issued to you?

11. Did you resign by notice of resignation::::: If yes what was the notice period tendered by you::::Or did you resign by resignation with immediate effect?

Did you get acknowledgment of notice/resignation, and acceptance of resignation?

12. Were you asked to deposit notice pay in writing?

How did you deposit it:cash/Cheque/DD?

Did you get any receipt for it?

Or was the notice pay adjusted in FnF statement/settlement?

Was any FnF statement showing adjustment of notice pay, computation/credit of…………. unpaid wages, Bonus, Leave encashment, reimbursements, etc was provided to you?

Did you accept Fnf statement in writing?

13. Have you recorded the varying statements of employer (audio/visual/witnesses/minutes etc…….)? You should have!

You may reply pointwise to each point!

Unpaid wages are debt..................