versha (S/W Engg) 17 June 2010

Action taken against employer. [URGENT HELP REQUIRED]

Hi All,

In is in conjuction with the my other query in this forum with the subject "Urgent help reqt: Legal Action against employer? "

10 Days back I had sent legal notice (through a professional lawyer) to my previous employer for not paying me my last month salary + leave encashment + PF + Form 16 + relieving letter and exp certificate. And had demanded some compensation (3 lacs) towards the harrassment and losses have faced because of the employer's misconduct. In notice I had 15 days time to employer to provide the justification or pay my dues accordingly.

Till now I have not received any reply from employer. Seems employer has ignored the notice.

Now my lawyer has suggested me to file a case in labore court to get my dues (last month salary + leave encashment + PF + Form 16 + relieving letter and exp certificate) and second case in civil court for the compensation.

I am looking for your opinion in this.

regards

versharajan

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5 Replies

versha (S/W Engg) 17 June 2010

My previous discussion thread:

https://www.lawyersclubindia.com/forum/Urgent-help-reqt-Legal-Action-against-employer--19574.asp

SHARAD CHANDRA DANEJ (Asstt. Manager) 17 June 2010

Dear Versha,

I donot know if you have spoken to your employer before giving legal notice. But now things are not that easy because your employer may not talk to you. Take a chance and talk to yur employer - otherwise go the legal way. Actually, employer needs a 2 months notice from employees before the employee leaves the company. Since you have not followed the procedure the employer is giving you trouble. But then, you should get your dues. May be the employer penalise you for not giving 2 months notice - but then he is bound to give you your salary + other things. If the employer does do this - go the legal way. But give him a chance.

S C DANEJ