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salary not clear by company

(Querist) 30 December 2009 This query is : Resolved 
DEAR SIR,

I WAS WORKING IN MY PREVIOUS COMPANY AS A ACCOUNTANT.COMPANY IS LTD AND SITUATED IN DELHI. I HAVE NOT RECD MY 4 MONTH SALARY.MY MONTHLY SALARY WAS 15000/- NOW I WANT TO SUE THE COMPANY REGARD THIS I WANT TO KNOW IN WHICH COURT I CAN FILE SUIT AGAINST THE COMPANY.WHEATHER IN LABOUR COURT / CIVIL/ CRIMINAL.IN WHICH CATEGORY I WILL COME.WHAT ACTION I CAN TAKE AGAINST THIS LTD COMPANY FOR GETTING MY PENDING SALARY.

THANKS & REGARDS
MANISH BHARDWAJ
9210994825
Adv Mathew (Expert) 30 December 2009
Dear Manish,

I am deeply perturbed by the attitude of your company. Every employee is legally entitled to get the salary for the each month he or she has worked for. If you come in the class of a worker you can complain to the local labor officer and initiate labor dispute. If you are in official cadre, then your option is to file a civil suit for recovery of money (salary) due and payable to you. In your case you you can file a case under payment of wages act with labour authorities.

I will also suggest to send a legal notice to the management before filing a case or write to your employer asking for a showcause notice as to why the payment is pending ?

Every communication in form of letters/documents shall be kept with you as a part of evidentary value.please also keep the joining and relieving letters, the last employment payslip/it credited to your bank account ?

Consult a good lawyer in your locality who will be able to guide more and help you better with the next course of action.

All the best from my end.
Adv Naiju Mathew
Ajay Bansal (Expert) 30 December 2009
Naiju Mathew is correct.
Raj Kumar Makkad (Expert) 30 December 2009
I have already replied your quarry in your PM box. You should first serve a representation followed by legal notice and only after failure to get relief, file a suit for recovery as it shall not only take a huge time in disposal of such suits but shall also be costly.


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