Non Payment of Salary

Bhai Dupare (Querist) 23 April 2011 This query is : Resolved
Sir,
I m from one of the private co. from mumbai working as Sr. Accountant. I am leaving job from my co., after sending sms for leaving as a resignation.
after sms i m leave job from 15 Days. But my co. hold my salary not responding to me.
i m confirm employee from this co. but till upto time they are not given me appointment letter. so i am not signing terms of 30 days notice period. but i have confirmation with increament letter.
so Plase guide me as a Legal Aspect.

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Kirti Kar Tripathi (Expert) 23 April 2011
In the present circumstances, you can file application under Section 33-C(2) of the Industrial Disputes Act before the Labour Court. You can also file application under Section 15(2) of the Payment of Wages Act before the Authority under the Payment of Wages Act of your area, in case, your salary is up to 10,000/- per month.

Advocate. Arunagiri (Expert) 23 April 2011
Send a legal notice demanding salary. If there is no response, follow the procedures suggested by Mr.Tripathi. But, there is no salary limit.

RAJU O.F., (Expert) 24 April 2011
It is seen that as Senior Accountant of the private company, you were in a responsible position of that company; but for resigning from service you had just sent an SMS. The company would be justified for non-payment of your pending salary; as they may be auditing the correctness of the works done by you, for releasing your salary after confirming that, no loss was caused by you to the company.

Bhai Dupare (Querist) 24 April 2011
Thanks to all of experts.
Just i like another one inform to u specially to Mr. Raju O. F. Sir, Before one month of resignation sms i m sending resignation to my company by Mail because they are not provide me acknowledgement.
After this mail company given me increament with confirmation letter also for continue service.
so for legal process i have Legal resignation(Mail) also.
My P.M. Salary 21000 & having loan from co, 10000
& Company Manager forwarded following sms:
First Sms:
You have to Serve one month notice period to be relieve from your post. Proportionate salary for such period unserved will be deducted.
The Balance of advance taken would also be deducted from your pay.

Reply from Me:
I m requested to u. u can do anything as per your choice, but i m never agree with us this treatment & yes i dont know 30 Days notice required for my post

Second sms from Co.:
I Will b sending you the full & Final Settlement Calculation today. The dues would be paid at the time of April salary

After this sms they are Not sending me calculation also...

So please Guide me