Gettting the claim from the company

Querist : Anonymous (Querist) 24 December 2009 This query is : Resolved
Dear Sir,

I would like to know the labour law by which I can get my dues from my previous employer.

I worked in a company at the post of Project manager and my monthly salary was 40000/-. I resigned the company after completing all the formalities of the company.

Company owe me a sum of 115000/- (approx) and is not ready to give back my due.

Please suggest me weather I come under the labour Law or can get any help from the labour department to get my dues out, is there any law by which company is comple to give my dues if they are prove to be wrong.

Please help

Thanks & Regards
Mahaveer

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H. S. Thukral (Expert) 24 December 2009
You being Manager can not take help of Labour Court in recovering the money due from the employer. YOu have to approach a civil court.

Guest (Expert) 25 December 2009
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI)ADVOCATE
MOBILE.09325226691, 09271971251
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com

REGARDING THE SALARY ARREARS KINDLY NOTE THAT

1.YOU HAVE TO ENCLOSE COPY OF APPOINTMENT LETTER,AND DOCUMENTARY PROOF REGARDING DEMAND FOR SALARY ARREARS WHICH IS ACKNOWLEDGED BY THE CO. COPY OF SAID LETTER
2.YOU MAY FILE EITHER A CIVIL SUIT OR DIRECTLY APPROACH HIGH COURT.
3.KINDLY NOTE THAT CIVIL SUIT YOU WILL SUCCEED BUT IT WILL COST YOU MORE AS YOU HAVE TO PAY COURT FEE STAMP AS PER YOUR CLAIM AMOUNT.
4.I SUGGEST YOU MAY DIRECTLY FILE APPLICATION TO THE HIGH COURT AND YOU WILL SUCCEED.IT WILL COST YOU LESS.AN EXPERT LAWYER CAN DRAFT THE APPLICATION AND YOU WILL SUCCEED AT THE ADMISSION STAGE ITSELF .BECAUSE THESE FRAUD COMPANIES ARE SCARED OF HIGH COURT.PLEASE NOTE.

IN CASE YOU NEED ANY HELP KINDLY SEND DETAILS OR CALL.
WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS
THANKING YOU
YOURS SINCERELY
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE

Guest (Expert) 25 December 2009
Labour law is not applicable. File civil suit for recovery of amount.

Raj Kumar Makkad (Expert) 25 December 2009
Civil Court and suit for recovery is the only remedy for you.

H. S. Thukral (Expert) 25 December 2009
Mr. Nand Kumar Sawant

How he can approach High Court for recovery of amount where the cost shall be less? I WOULD LIKE TO BE ENLIGHTENED.

Ajay Bansal (Expert) 26 December 2009
you can only go to civil court.

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