Non Payment of Dues By the company.

Querist : Anonymous (Querist) 27 September 2010 This query is : Resolved
Sir,
My son has resigned from one I.T. company with mutual verbal consent as they were not paying the Salary+++ in time.
They have accepted the formal resignation & assuring him to pay the balance dues & other receivables in due course of time.
Almost one year has passed & he has been reminding the person concerned vide e.mail; on telephone & letter sent thru Regd. A.D. plus statement of a/c showing how much money he is supposed to receive as per company's policy mentioned in writing vide U.P.C.
They are neither denying nor paying. What should I do to get my hard earned money?
Regards.
Ramesh Raval.

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Kirti Kar Tripathi (Expert) 27 September 2010
In case his salary was less than Rs. 6500 , he has a remedy under the Payment of Wages Act. However, if his salary exceeds from Rs. 6500 per month, It depends on the nature of job performed by your son. If he comes within the ambit of the definition of the workman he can seek remedy under section 33-C(2) of the Industrial Disputes Act or corresponding provision in the State Act. If his nature of job is of managerial nature or he is not workman under the ID Act he can seek remedy for recovery of the amount due in the Civil Court by filing a Civil Suit.

Ajay Bansal (Expert) 27 September 2010
HE MAY EVEN FILE A CIVIL SUIT.

Chanchal Nag Chowdhury (Expert) 27 September 2010
File a civil suit.

s.subramanian (Expert) 27 September 2010
Mr.Kirti is right.

Kiran Kumar (Expert) 03 October 2010
I agree with Mr. Kirti Tripathi.

in your case the pay must be more than Rs.6500, since it was an IT firm, so you may go for civil suit.

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