Non payment of salaryand other expenses by employer
Pappu Yadav
(Querist) 19 December 2011
This query is : Resolved
Dear Sir,
I joined a pharma company as a manager in june 2011 and without any reason i was asked to resign on 22nd Aug 2011.i have actually worked in company from 1st aug. to 22nd aug. 2011.i got salary of only june and july month.Company has not released any salary and expenses on time. company has given expense of june month on 30 th Aug after leaving company.my boss sent a mail to resign then i resigned and hand over all company property to my boss but still i am waiting for my salary of Aug month. and company has not given expenses of july and aug month also. now i have done all the formalties. i spoke to HR and MD also but inspite of sending many reminder Emails and subsequent calls still they are not releasing my salary and other dues. I was employed in mumbai but company is in chennai. they dont have any office in mumbai. during my tenure in company my bosses harrassed me unneccessarily without any reason. my bosses always shouted on me.i cant tell you in words.then i complained to company about my bosses .i think this may be one reason for not realing my salary.i have sent many mails but they are not replying and sometimes they are not picking my phone calls also. now i am very desperate for my money.pls guide me after almost 4 months what legal action can i take to get my salary and other dues? can i lodge police complaint against my bosses for harrassement. actually i want to teach them a lesson so that this should not be repeated with anyone
Raj Kumar Makkad
(Expert) 19 December 2011
You should serve your ex-employer a legal notice to be sent by a lawyer and after expiry of period mentioned therein, file a civil suit for recovery at Chennai.
Nadeem Qureshi
(Expert) 19 December 2011
Dear pappu
What are the terms & conditions in your appointment?
Is there any probation period?
Is there any Bond signed by you?
Pappu Yadav
(Querist) 19 December 2011
first of all thanks for reply to Nadeem and Raj sir.i want to know what is the time limitation to file civil suit for recovery of dues? and i was posted in mumbai but company is in chennai so how it is personally possible to file civil suit in chennai.i dont know anybody from chennai. there was probation period for six months.during prbatin period i was asked forcefully by my bosses to resign.i have not resigned on my wish. i have communicated this thing to the company.i havenot signed nay bond.Again thanking you for reply
V R SHROFF
(Expert) 19 December 2011
Pappu,
As I understand, you were in a management category, and not covered under Labour Laws.
Labour Court or Union can't help you.
You must be on probation period during the entire period.
Unless the break-up of your salary, and balance dues calculation is clear, very difficult to reply, how and what they might have deducted? or payable to you.
First ask a/c of payment due and paid, and ask reason for it, through Advocate Notice, and in case they do not reply, file civil suit for recovery. Also contact Workman's Union , who will probably let you know the inside story.
ajay sethi
(Expert) 19 December 2011
filing a civil suit for recovery would be a costly affiar . you will have to sehll out money on court fees and legal expenses .
you can issue legal notice to company as to why salary for month of august has not been paid to you inspite of repeated reminders .
Devajyoti Barman
(Expert) 19 December 2011
Limitation for a money suit is 3 years from the date of last acknowledgement of debt in writing.
But before that if you reply to the queries posted earlier , it would be more convenient for us to give to more appropriate reply.
Pappu Yadav
(Querist) 19 December 2011
Thanks for reply.actually i have not got the salary of complete one month for which i have actually worked(1st Aug. to 22nd Aug 2011).they have not duducted anything but they have not released my whole salary.they told me that first you resign then we will release your salary. now almost 4 months completed . i have sent many reminder mails and telephonic calls but they are not replying also.till date they have not releasd the same. hoping for your reply
Pappu Yadav
(Querist) 19 December 2011
I want to know that can i file civil suit for recovery in mumbai civil court but compnay office is in chennai. In which court i can file suit ? mumbai or chennai.
ajay sethi
(Expert) 19 December 2011
if you were employed in mumbai and salary was paid in bombay part of cause of action has arisen in mumbai . you can file in mumbai if you so desire .
if however company does not have office in mumbai no salries were paid in mumabi then you should file in chennai
Pappu Yadav
(Querist) 19 December 2011
Many Many thanks to Mr Ajay sethi sir for your valuable reply.sir company head office is in chennai . There is no office in mumbai. but company credits salary in our bank accounts from chennai.our bank account is in mumbai. i was employed in mumbai. in this case where should i file suit?
Hoping for reply
Raj Kumar Makkad
(Expert) 20 December 2011
In the given information, part of cause of action has accrued at Mumbai so you can also file your litigation against the company at Mumbai without any hurdle as this is within law.
