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Company delay-dallying in payment of salaries

(Querist) 29 September 2009 This query is : Resolved 
Dear Sir/s,

Can I get any help and assiatance to address the issue of my company not paying salaries and expenses for the last five months? If so, kindly advice what should I do so that I can send the detailed account of events.

With kind regards
Suresh C Mishra (Expert) 29 September 2009
please get me the total facts of the case that is where are you working or nature of job as a workman or otherewise if you are a workman then you may file a complaint to the DLC , if you give me fact I am ready to draft a complaint for you .
Raj Kumar Makkad (Expert) 29 September 2009
First of all give a representation to the company officials to provide ur arrears of salary within a certain period say 2/3 days and if not paid then engage a local lawyer and issue a legal notice to your company. I hope company shall pay. If not then follow the instructions of your counsel, who shall decide better about you how to initiate legal action against your company.
Guest (Expert) 30 September 2009
Details are wanted.

You can move the Authority under payment of wages Act for recovery of wages.

You can also move the labour court under Section 33 (c)(2) of the industrial disputes Act, 1947.

You can also approach the Asst. Labour Commissioner/conciliation officer for recovery of wages and a labour inspector would be deputed to your office to recover the same.

You can also move the company court (in some States it is District Court and in some States it is High Court) for winding up of the company as it has failed to pay the wages. Here, generally the company authorities come and give undertaking that the wages would be paid within so and so period.
Ajay Kumar (Querist) 01 October 2009

Suresh C Mishra (Expert) 03 October 2009
it appears from the facts stated by you that you have join the services in the Managerial capacity now you are not a workman and you cannot approach LAbour court or labour Authority legally and your application will be not maintanaible either under 33 C (2) of ID Act and also it will not be possible by way of r eference also .
now the best way to suggest you to approach a civil court and consult the advocate practicing in Civil court where areyou living if you need help pl write me again .i am at Lucknow .

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