Susil Esys 16 August 2018

Termination from job without any settlement

Dear Sir,
Kindly advice on bellow

I am working with a LLP organization and from January 18 they are not provide my salary and ta da bill , till date,,

and last on July 16th 18 they mail me that you are terminated from 2nd Dec 17, and you are not our employee as per our record we are not found your details where as all salary was transfer through bank ,and saying return all salary,

2ndly they hammering me if you are not return then we will take legal action.

and they also told every party that we are fraud and nobody work with him.

so kindly advice what to do

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3 Replies

Adv Deepak Joshi +917017821512 (Advocate) 16 August 2018

Dear querist,

Any comments can be made after going through your offer latter.

Prima facie act of your employer is bad in eye of law.

Thanks and Regards

Deepak Joshi & Associates

Djaa.legal@gmail.com

Mb/whatsapp +919456777600

Kanishk Khullar 16 August 2018

According to the details you have provided;

you can go for the following remedies;

1) First of all, you should send a 'Legal Notice' to your employer before taking any legal step mentioned below; it will give you a chance to recover money from the employer without getting into a legal proceeding.

2) You can file a complaint against the company to Labour Commissioner; if there you did get your solution; they might refer your case to the labour court.

3) You can file a suit against the company under section 33(c) of the Industrial Dispute Act, 1947 for recovery of money due from the employer.

or

4) If you were getting a salary above Rs. 18000 a month then you can file a 'Summary Suit' under Order 37 of the Code of Civil Procedure for recovery of money due from the employer. (It's a comparatively fast legal proceeding than others).

Criminal Proceedings against the employer:

1) You can file a complaint before the 'Registrar of Company' under section 447 of the Companies Act, 2013 for the offense of fraudulently or dishonestly not paying you the salary.

2) You can file a police complaint against the employer for the offense of 'Cheating' under Indian Penal Code.

3) You can file a police complaint against the employer under section 499, 500 r/w section 511 of the Indian Penal Code for the offense of Criminal Defamation against you by spreading the rumor of you being fraud and damaging your image in the public.

or

You can also file a Civil Suit of Defamation for claiming compensation from the employer for tarnishing your image in public.

Note: You can only be successful of getting any of the above remedies if you have a document proof like offer letter ( joining letter) or bank statement showing that you have started working at the company only on or after January 2018.

Mahi 18 August 2018

hello all experts,

i am adding to said legal aspects, my self too is victim of fraud by the employer and my industrial dispute is pending before the court, in meanwhile employer under false promises obtained my resignation alluring paying settlement amount, but after obatining the resin backed out from ppromises and now keeping adamant attitude.

what options i can sue cinsidering my i.d case is still pending before the Labour court

Regards