Amit (Manager) 25 June 2013
Hi,
I have been following up with my employer for salary of a month and half which was put on hold for about a year. Now the firm is being closed and paper formalities are in proces. Till date I have been getting assurance from them for clearing the due but nothing has been done. Please advise should I file a legal case, and where can I file the same. My work place was delhi and the head office was in Mumbai. If the company is closed before the settlement will I get my due or not.
Kumar Doab (FIN) 25 June 2013
You should not have waited for 1 year.
Did you follow up in writing and did the company assure in writing?
What is the reason for holding salary of 1.5 months?
Has the company supplied any FNF statement to you and did you accept it?
You may approach a competent and experienced labor consultant/service lawyer with all of your documents and issue notice to company and approach o/o Labor commissioner as ap.
Your lawyer can opine that you are covered in definition of ‘Workman’ or ‘Employee’ as in Delhi Shops and Establishments Act or not.
Payment of Wages Act is applicable to all employees drawing wages as per def. of wages in the Act up to Rs.18000/pm. If covered the employee can approach Inspector appointed under this Act.
Or you may have to approach civil court.
If the company is being closed it must have notified the o/o Labor Commissioner.
It is not clear the company is being closed or being liquidated.
If company is being liquidated Workmen’s Dues (pari passu with Bank Dues) comes in last. You may go thru:
https://www.lawyersclubindia.com/forum/Company-in-liquidation-77247.asp#.UbRtnOeAqWN
You may explore the possibility of lodging complaint under sec. 406,420.....................
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