EX EMPLOYER NOT RELEASEING MY FULL & FINAL DUES CHEQUE

shammii kapoor (Querist) 25 January 2011 This query is : Resolved
I have been working in a big private ltd co since last
july 2006 as G.M. mktg
I was not getting my salary on 7th as per due date since last few months.
My mother was admitted in ICU on 21 nov 2010. I sent sms to
HR and MD for releasing my salary on 22nov positively for oct month. My MD SENT ME REPLY TO RESIGN & GO. He also mentioned that co had no funds to pay (which he was lying- since they had paid to almost everyone by than)
On his rude behaviour I felt so bad & resigned on same day, which was accepted on 22nd Nov by them.

Till TODAY I HAVE NOT GOT MY OCT & NOV MONTHS SALARY and Incentives & other dues inspite of my several visits & reminders by mails & sms.

They are not clearing my dues which is a huge amount.
Everytime when I visit them ,they say that company has no funds to pay.hence they cant pay me now, but later on they may pay me if funds arrives.

PLS ADVICE THAT AFTER WORKING FOR 4 YEARS & 4 MONTHS IN THIS CO HOW CAN I GET MY DUES & F& F CHEQUE FROM THEM.
IT HAS BEEN 2 MONTHS SINCE I HAD RESIGENED FROM THAT JOB.

pls advise.

Thanks,
S.KAPOOR
kapoor.shammii@gmail.com
shammi_kapoor_2001@yahoo.com
kapoor.shammii@gmail.com

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Devajyoti Barman (Expert) 25 January 2011
Yes the acts of the Company what you mentioned is really unwarranted and not permssible under law.
You havve several legal recourses to recover that amount and to take penal action as well for which further information is required.

Parveen Kr. Aggarwal (Expert) 25 January 2011
You need not worry. They are legally bound to pay you for your services. You immediately serve a legal notice of demand detailing all the outstanding amount receivable by you together with interest. In case of failure, you may file a civil suit for recovery or may seek winding up of the company under sections 433/434 of the Companies Act, 1956. As their intentions appear to be dishonest, you can also launch criminal prosecution against them. But you should initiate legal action under legal advice.