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NKR (no)     19 February 2014

Problems from previous employer

Hi Sir

I am 28 years old having 10 yrs exp, i have moved to banglore and joined a start up firm as a manager with decent salary. After a few months MD of the company started asking me money to help him in business. Out of faith i have given him 19 lakhs in whole periodically for which i have done a bank transfer but didnt take any documents in writing or cheques from him. Jan i wanted to move out of the company because of certain issue. I went and asked him to pay my money back with interest of 3 rs. for which he is not agreeing and also he didnt give me the experience letters and the documents that i need for future use. this person is not responding to my calls or emails. will i get my money back and what can i do to get my emplyment documents

please advise me with the next steps. i really feel i have done a great mistake by trusting an unkown person

please help



Learning

 1 Replies

Kumar Doab (FIN)     19 February 2014

You have committed a blunder.

Discreetly obtain details of the assets of the person and check he is worth Rs.22 Lakhs or not?

If your Acquaintances, community leaders, are resourceful, Influential take their help.

>>> To recover amounts advanced to him: Along with elders in the family approach a local lawyer handling criminal law cases and proceed under expert advice of your lawyer. 

For your service certificate, relieving letter, dues, Form 16, PF, ESIC etc you can seek help of :

 

--- Trade Unions e.g; CITU, AITUC, INTUC ............................

--- Inspector under (Name of your state) Shops and Commercial Establishments Act, If it is commercial establishment.


The employer has to maintain and submit requisite forms and registers according to Shops and Commercial Establishments Act.


If the employer makes false entries it is offence.


--- Inspector under Payment of Wages Act: applicable to all employees drawing wages up to Rs.18000/pm as per def. of wages in the Act.
 
You may refer to: Payment of Wages Act; Sec13A and 2: 3*[(i), (ia), 3*[(vi), 3, 4 ,5, 13a, 14, 15, 16, 17A, 20………….. and if the Inspector agrees to cover you may immediately submit Form’N’ for recovery of wages.


--- O/o Labor Commissioner

--- ESIC Inspector;
 

--- RPFC in nearest PF office


--- ITO; TDS where you file your ITR


--- CIT-TDS (jurisdictional) where company files ITR


---Controlling Authority of Gratuity

---Civil Court


Employees have been contemplating to file criminal complaints u/s 406, 420……………………………and to approach employer as creditors treating unpaid wages as debt on employer e.g;

https://www.lawyersclubindia.com/forum/details.asp?mod_id=72011&offset=1#.UvYBGEeBmXV



For this matter you may proceed under the expert advise of your Labor Consultant/service lawyer.


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