Salary non payment by employer
Shamsher Singh
(Querist) 20 March 2014
This query is : Resolved
Dear All,
Greetings
I had Joined Axis cars pvt limited in 22 Oct2012. since day one there is issue of slary payment from the employer end and in month of Dec 2013 Mr Rishikant Sharma MD told me to resign from the post and told me not to visit office because he want me to make a keen eye on the other staff member after the working hours of office as this member have a habit of drinking. i told him many time that it his personal matter after office hours we can only say anything if this will effect our work at night and if we are capable enough to handle the task then we cant do this . but he told me that what is this you cant disobey my order anyhow i you will not follow my order no need to visit office from tomorrow i said no problem Sir i will not visit office from tomorrow kindly clear all my dues and the expenditure which i made for axiscars in last few months. he said what is amount i said it 1.60 lac \. he immediately cut the cheque of 80k immediately and dated it of 31st dec 2014. and gave it to me. But on 31st he only paid 15 k in my account and that he deposit in my account i called him he said hold the cheque for few days as there is financial issue. and after much of persuation he paid 10k more. after one week when i called him for the depostion of cheque he told me he will pay once the payment will be retrieved by the client in few days i waited and tried calling him but he did not picked my call and after few calls he pulled my calls on Barring. and after that he called when he need a old mail from me to Amex and mailed him and told me in one week he will pay me the balance 1.40lkh. but on 26 jan he called me for another mail i again send the mail but about my salary he said hold on on 28 Jan he paid 5k to my account. and when i called he did not picked the phone then on 30th January 2014. I went to meet him for salary he abused me and my Family after that he called his inlaws to beat me because i m being demanding and i got scared and called on 100 for help . till the time police made a visit his inlaw N NEIGHBORS office people came there because he was shouting on me and telling "dekh BC aaj tujhe mere saale batut on aynge kya hoga tere sath tuu janta nhi h Humme" i i said dekhte h because i also called police. when his inlaws listen that the police is on the way they tried to threaten me kya kregi police humara Hum subha sham police k sath hi ghumna or uthna baithna h" then due to police interception Rishi K Sharma said the payment will be made soon in front of neighbor / Police/ Other people of society. but when i i asked for salary on dated 31st over mail he straight away refuse to make the payment and said if i will came to ask for salary he will file a complaint that i had attacked him and inlaws will take care as they have political background and now when ever i calls him over teh phone still he did not pick the call and no revert from his end . the cheque gave to me was bounce on dated 14th Feb 2014..
Kindly help me to sort this issue and advice me what i can do to solve this issue. I have all the mail since july 2013 in which i asked for the salary and have bank statement in which all the chque and transaction was made from his acount to
my account.
Regards
Shamsher Singh
ajay sethi
(Expert) 21 March 2014
issue legal notice on dishonour of cheque . contact a local lawyer . notice has to be given within one month of receipt of intimation of dishonour . since one month has passed represent the cheque and issue notice
Rajendra K Goyal
(Expert) 22 March 2014
Well advised by the expert, again present the cheque and on dishonor immediately send legal notice.
Kumar Doab
(Expert) 23 March 2014
You may obtain the certified copies of complaint filed with police, report filed by police official, for use at appropriate time in appropriate forum...........
If there is default on payment of earned wages then there may be a default on PF,ESIC,TDS etc………..
You have the option to approach:
----Employees Unions
--- Trade Unions e.g; CITU, AITUC, INTUC, FMRAI ............................
--- Inspector under Shops and Commercial Establishments Act
The employer has to maintain and submit requisite forms and registers according to Shops and Commercial Establishments Act. If the employer makes false entries it is offence.
--- Inspector under Payment of Wages Act: applicable to all employees drawing wages up to Rs.18000/pm as per def. of wages in the Act.
You may refer to: Payment of Wages Act; Sec13A and 2: 3*[(i), (ia), 3*[(vi), 3, 4 ,5, 13a, 14, 15, 16, 17A, 20………….. and if the Inspector agrees to cover you may immediately submit Form’N’ for recovery of wages.
--- O/o Labor Commissioner
----RPFC thru nearest PF office
----ESTC Inspector in jurisdictional ESTC office………….
(Applicable to all employees drawing wages up to Rs.15000/pm as per def. of wages in the ESI Act)
--- Form16: ITO; TDS where you file your ITR
CIT-TDS (jurisdictional) where company files ITR
----Lawyer/Law firm
---Civil Court
Employees have been contemplating to file criminal complaints u/s 406, 420……………………………and to approach employer as creditors treating unpaid wages as debt on employer e.g;
http://www.lawyersclubindia.com/forum/details.asp?mod_id=72011&offset=1#.Uy7VS0eBmXW
Shamsher Singh
(Querist) 26 March 2014
Dear All
Thanks for reply... I already reproduce the cheque in bank and got it dishonored on 18th march 2014. and already send notice to Mr Rishi K Sharma. but the issue is that he is making false statement to all the client and vendors that i did not worked properly with axis due to which his 7 lakh is due with two client.. I have complete info that only 50 k is balance from both the clients. But i have all the mails and updated excel till 20 Dec 2013 in which all details are updated from vendor payments to client pendancy even every mail which i send to client for status of payments. till now vendors are calling me for update of payment i mailed him to update vendors that i had resigned but still getting calls from all pan india vendors for payment because me n my associate made every kind of rate negotiation with vendors. even he is making stupid comment that i shared vendor list with other car rental owner(who is accually his colleague since 2006) . i doo agree i share the list of vendors with that person but after his verbal approval over the phone n i had text him every thing on whatsapp and that whole episode is after 20 days of my resignation means on 15 Jan 2014. can he use that as evidence against me as i also have msgs n whatsapp message still with me. even i have all the mails in I almost begg for the pending salary since August and all bank deposit statement with me . do i need to produce all these letters n mails if needed. even the msg he send to me on 19th Dec for that executive drinking habit and what i replied is with me .. can i use it as prime evidence.
Needed more support from your end
Regards
Shamsher Singh
