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Salary from law firm

(Querist) 08 May 2013 This query is : Resolved 
My wife is working in a Law Firm (Having 2 Partner), since 2010, as a Secratory to Partner, getting a salary of Rs. 28,000/- P.M.. She has resigned from the post on 1/5/2013, she has given a 1 Month notice.

Please note that her salary for the month of March-2013, Apr.-2013, till date, are still un-paid.

Suddenly today, on 8/5/2013, one of the partner, whom she is reporting, told her on telephone that they are dissolving there Partnership and they will not pay the salary to any employee until there accounts will resolve i.e. the partnership dissolution completed.

kindly suggest now where we stand and under wihich law she can claim her legal dues.

The firm has only 4 employees i.e. 1 Secratory, 1 typist, 1 Court Clear & 1 Peon.

Pl. also note that all the employees we never get there salary on time.

Kindly suggest.

Guest (Expert) 08 May 2013
Proposed dissolution of firm and subsequent settlement of acounts between the partners has no concern with the payment of due salaries of employees.

Rather after dissolution of firm, your wife may probably not be able to easily claim her salary from individual partners, as becomes due from the present firm unless they clearly indicate dues of your wife as the liability of any specific partner.
RAJIV BHARDWAJ (Querist) 08 May 2013
Thanks Sir,

Kindly adice what we can do Legally?

Now this is very much clear, that they don't want to pay our legal dues.

Is there any way / law which covered un-organised sector employees, so ,we can get our hard earned money form these people.

OR we can file FIR OR we Complained in BAR council for such an unethical practice.
Khaleel Ahmed (Expert) 08 May 2013
you are advised hereby to file a civil suit for the recovery of the salary immediately.
R.K Nanda (Expert) 08 May 2013
no more to add.
Raj Kumar Makkad (Expert) 08 May 2013
Serve a legal notice through a lawyer and then file a summary suit for recovery impleading partnership firm as well as both partners in their individual capacity as defendants.


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