Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Salary not paid

(Querist) 10 June 2014 This query is : Resolved 
Dear Sir,
I worked for a pvt. Ltd. travel company in Gurgaon for about 7 months. I left the company because the employer suddenly said that we had huge expenses and therefore we cannot pay your salary. I left company in March 2014. I have a offer letter, a relieving certificate with mention of salary, various communications to prove that i worked for this company till last date, but do not have a Appointment letter.

The company needs to pay me about Rs. 2,00,000/- as my salary and other dues. I have sent them emails for follow up on my salary and 3 notice by email.
Kindly suggest the recovery method. Since i have no funds, I cannot take expensive options. I will be very thankful to you if you can help me with your expert suggestions. Regards H. Singh
Sankaranarayanan (Expert) 10 June 2014
What reply you got against your email. Approach the local lawyer and send a notice and then file case against the company before labour court
ajay sethi (Expert) 10 June 2014
issue legal notice to company . file winding up petition for recovery of your dues
Harchintan Singh (Querist) 10 June 2014
Dear Sirs
Mr Naraynan/Mr Sethi

Thanks for your response. What is the approx. cost - local lawyers fee for such cases. I have no big finances, unfortunately and cannot pay huge fee. i heard these are very high usually.
Is it possible for you to suggest some good lawyers?
ajay sethi (Expert) 10 June 2014
contact MR Anirudh from LCI . you will find his details in LCI database . send him a pvt message
Rajeev Kumar (Expert) 10 June 2014
Agree with experts.
Devajyoti Barman (Expert) 10 June 2014
Lodge a complaint with local police u/s 406 IPC.
If FIR is registered you can get back money soon without incurring much cost.
Rajendra K Goyal (Expert) 10 June 2014
Lawyers fee differ from lawyer to lawyer. Agree with the experts.
Sankaranarayanan (Expert) 10 June 2014
fee structure is differ from one to another. approach Sri Anirudh as advised by sethi ji
Kumar Doab (Expert) 11 June 2014

You may contact Mr. Anirudh.

It shall be certainly appropriate to proceed thru your Labor Consultant/service lawyer.

>>> What was your designation and nature of duties?
How many employees were employed in the company?
Did you resign with immediate effect or tender notice of resignation?
The Redg. office of the company is located in which state?
You are currently at which location and does the company have an office at your current location?
You may approach your lawyer with all docs on record and give inputs in person.

Your lawyer can help you to decide appropriate forum if the need be.
It is possible that company may yield to legal notice and settle you’re a/c.

>>> If employer defaults on payment of wages it may default on PF,ESIC,TDS etc………..
Employee can approach:

----Employees Unions : There are employees unions that have done good job.

--- Trade Unions e.g; CITU, AITUC, INTUC ............................
The trade unions are willing to embrace employees and they are very effective too.

--- Inspector under Punjab Shops and Commercial Establishments Act, If it is commercial establishment.

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.

You may go thru;
Punjab Shops and Commercial Establishments Act
And
Punjab Shops and Commercial Establishments Rules

These should be available on the website of Dept of labor Haryana or you can buy from market.


--- 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 he may proceed for recovery of wages.


--- O/o Labor Commissioner: The Labor Inspector might also be officiating as Inspector under Payment of Wages Act, Inspector under Punjab Shops and Commercial Establishments Act, Small Enterprise Act…………………………..however you may lodge complaints mentioning the enactments separately.

----RPFC thru nearest PF office
----ESTC Inspector in jurisdictional ESTC office; Applicable to all employees drawing wages (as per def. wages in the Act) up to Rs.15000/pm.
--- 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=72072011&offset=1#.UvYBGEeBmXV

http://www.lawyersclubindia.com/forum/Full-n-final-settlement-100310.asp#.U0AEW0eBmXU


The employees have even filed Winding Up petitions and have succeeded.
>>> IN addition to your unpaid wages you may also demand to supply you the acknowledgment and acceptance of notice/resignation, correct FnF statement for verification and acceptance by you, salary slip of each month of employment, payment of FnF wages by bank DD only, Form16 as per correct FnF statement, PF number a/c slips of each year of employment, ESIC card, service certificate, NOC/NDC, …………etc
Raj Kumar Makkad (Expert) 11 June 2014
Nothing remains to be added as query has already been duly attended by various experts.


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