salary not given by employer

manish bhardwaj (Querist) 30 December 2009 This query is : Resolved
manish bhardwaj says : DEAR SIR, MYSELF MANISH BHARDWAJ. I AM STAYING IN GHAZIABAD.I HAVE WORKED WITH SCHIFFLIES INDIA LTD AS A ACCOUNTANT FROM NOV-08 TO APRIL-09.DURING THIS PERIOD I HAD RECD ONLY ONE MONTH SALARY.NOW I HAVE REGINE THE COMPANY DUE TO NON RECEIPT OF MY SALARY.COMPANY HEAD OFFICE IS IN KALKA JI, DELHI. I HAVE MAKE LOTS OF CALL TO HIS DIRECTOR BUT HE DOES NOT RESPOND MY PHONE. NOW I WANT TO GET MY SALARY BY LEGAL PROCEEDING. MY TOTAL SALARY AROUND 75000/- PENDING FOR LAST ONE YEAR AROUND.I WANT TO REQUEST U THAT WHAT LEGAL REMIDEY I CAN GET. AND WHAT IS THE PROCEDURE FOR GET THAT.AND WHAT IS JURIDCTION AREA TO FILE A CASE AGAINST THIS LTD COMPANY. I HAVE APPOINTMENT LETTER.HOW MUCH AMOUNT I WOULD SPENT FOR THIS CASE AND APPROX HOW MUCH TIME IT WILL TAKE FOR GETTING MY SALARY. YOUR ADVICE IS REALLY NEED FOR ME. THANKS & REGARDS MANISH BHARDWAJ

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Raj Kumar Makkad (Expert) 30 December 2009
You should first of all make a written representation to your employer demanding the relief with interest and cost within a stipulated time and on failure should serve alegal notice through your engaged counsel. Even then if your employer do not provide the demanded relief then you shall have to file a suit for recovery either at Ghaziabad or Delhi against your employer.

If company makes payment after legal notice then you shall save much time and money. If not then civil suit generally takes 2/3 years in similar cases and fee of the advocate depends on person to person. You can presume at least 15% of the demanded amount.

Ajay Bansal (Expert) 30 December 2009
You may either go to labour court or to civil court.However first of all you have to send a legal notice to company.