Previous employer not paying my due salary

mousumi (Querist) 27 September 2011 This query is : Resolved
I have joined the job as supervisor on 03/08/2011 in a polyclinic. but after few days I felt that the employer more often used some “abusing and offensive” words to me and others also, forced to work more than “8 to 9 hours per day (Monday to Saturday), even on second and forth Sunday also”. In between I saw some peoples who are worked here previously were repeatedly visited the office for their due salaries and are refused or returned with next dates. Due to my illness I reached office late by 15 to 20 minutes two days in a week after prior information after that also the employer signed me on a letter that he will deduct my one day salary for the same. He signed me an agreement letter also in hurry by saying that it’s a formal letter of accepting the job. And when I asked for the copy of same on 1st September 2011 the employer said that he will not provide me the agreement copy signed by me and Asked me to leave the job and collect my all dues on next week. Same day I left my job by writing a resignation letter.
Till date I have called the employer several times to release my payments but the Employer not paying me due salary .Now posted me a registered show cause letter with lots of false allegation and blackmailing me that they will take legal action against me if will not reply within seventy two hours from receiving the letter and also blaming me that I am absent till date without any intimation.
How Can I get my due salary from the employer and what action I should take against the employer that he will not try further to cheat anyone more. Kindly suggest me with labor laws and acts if possible.

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Advocate. Arunagiri (Expert) 27 September 2011
You can give a complaint before the Labour Commissioner.

R.Ramachandran (Expert) 27 September 2011
I completely agree with the suggestion of Mr. Arunagiri.

Raj Kumar Makkad (Expert) 27 September 2011
First of all you submit your reply to show cause notice stating all facts therein including his behaviour, arrears of all previous employees, inhuman attitude and lastly your resignation and demand your arrears of salary.

After that you file a petition under section 15 of Wages Act, if you fall in the category of Workman otherwise file a civil suit for recovery.

prabhakar singh (Expert) 27 September 2011
I completely agree with the suggestion of Expert raj kumar makkad

Guest (Expert) 27 September 2011
I also agree with Shri Raj Kumar makkad.

Guest (Expert) 27 September 2011
Shri Raj Kumar makkad has already advised you appropriately on the issue against your same question at another thred at the following link:
http://www.lawyersclubindia.com/experts/Previous-employer-not-paying-my-due-salary-234121.asp

ashok kumar singh (Expert) 27 September 2011
agree with expert opinion, thanks.

Chanchal Nag Chowdhury (Expert) 27 September 2011
Labour Commissioner if eligible, or civil suit.

Sailesh Kumar Shah (Expert) 27 September 2011
I also agree with Shri Raj Kumar makkad.

ajay sethi (Expert) 27 September 2011
you seem to have worked only for a month . how much is the wages due and payable to you ?
if you file suit for recovery it will take ages and you will end up spending entire amount on lawyer fees .

your best option is to reply to show cause notice and demand your salary dues

in addition if there are other employees whose dues have not been paid sit on dharna with the other employees in front of his office wave placards , maybe the employer will come to his senses .

Previous employer not paying my due salary

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