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nilesh (Pre Sales Engg)     05 November 2009

can i fight case in court

 my previous employer is not clearing my dues. i send him court notice via Advocate but he said there are no dues. 

i want to file case against him. What i would like to know is:

1. Under which clause / law should i file

2. Can i fight my case own my own

3. what time normally this kind of case takes to be completed

nilesh shah


 44 Replies

Amardeep Srivastava (Senior Law Officer)     05 November 2009

Dear Nilesh,

1. You can file a civil suit for recovery. If your previous employer is a "state", you can also file a writ petition.

2. You can fight it on your own. Parties can appear in person.

3. No Time frame for disposal can be indicated.

1 Like

nilesh (Pre Sales Engg)     05 November 2009

 what do u mean by "state".. my previous co is a pvt ltd co.

i stayed in that co for around 4 yrs. strength of my co was 250+ resources. still we never had a PF.

Can i also claim for PF now.

I am from Mumbai, How, where, which court should i approach to?

Thanks ...

Meenakshi (Lawyer)     05 November 2009

 Well Advised i Agree......

Meenakshi (Lawyer)     05 November 2009

 Yes so u can file a civil suit for recovery and plead on you won which means u can present the case and appear on your own.

1 Like

nilesh (Pre Sales Engg)     05 November 2009

Thanks Meenakshi ..

 how do i do it? 

 which court in Mumbai should i approach to?


Meenakshi (Lawyer)     05 November 2009

 Debt Recovery Tribunal in town D-10 2nd Floor, 6th Floor Vaswani Mansion

Marine Lines, Mumbai, Maharashtra 400020

Amardeep Srivastava (Senior Law Officer)     05 November 2009

Dear Meenakshi,

This matter cannot go to DRT. He will have to go to the civil court.

Dear Nilesh,

For definition of state please see Article 12 of the Indian Constitution. I would advise you to consult some good lawyer rather then doing it yourself. Show him your appointment letter/company rules and discuss with him what you intend to recover as "dues".



Anil Agrawal (Retired)     05 November 2009

 DRT is meant for recovery of bank loans.

Write to PF Commissioner complaining against the company. Give proof that you were employed from what date, no PF deducted from your salary nor company paid its due. Did you pay profession tax? If not, write to the Commissioner of Profession Tax, 6th Floor, Suburban Vikrikar Bhavan, Bandra-Kurla Complex, Bandra East, Mumbai-400051. Also complaint to the Registrar of Companies, EVEREST, 100 Marine Lines, Mumbai-40002 that the company is in violation of various laws. Also write to the Labour Commissioner that the company has not paid your salary. Keep all original documents handy - appointment letter, salary slip, details of cheques, any memo issued to you any paper that can prove that you were a regular employee of the company. Write to Ministry of Labour, Sharam Shakti Bhavan, New Delhi-110001 also. Go on making complaints against the company. It will come to senses. Of course you can file a civil suit. You must have documents to substantiate your claim.

1 Like

Anil Agrawal (Retired)     05 November 2009

 You can contest your case. Better engage a lawyer.

ranjan (software engineer)     05 November 2009

Hi Nilesh

       if  ur employer is not giving legally entitled dues from ur service with the company, then u should file case in labour court under section 33C(2). before filing case make sure that u have proper documents to prove ur entitlement, also ur dues must be ur service benifits. Normally labour courts will dispose this sort of cases very quickly


1 Like


Meenakshi ji,

Debt Recovery Tribunal is no more at the address mentioned by you.  It is at present located at Scindia House Ballard Estate.

1 Like

nilesh (Pre Sales Engg)     06 November 2009

Thanks for sharing. 

As I was reading Bombay High Court site, I came across ADR, and thought why not give 1 more chance to my Previous Employer. So i emailed to him y'day, saying let's meet and solve this. But, not to my surprise, there is no reply yet. [Why Ego of Big people is so BIG?].

so, now i am left with no option than to fight my case. To your surprise, that co is a CMMI level 5 co.!!! Suppose to be process driven !!! 

I am searching good lawyer. If you know some one let me know. 

nilesh (Pre Sales Engg)     06 November 2009

 I had send him notice via Advocate, to which he has replied that there are no dues.

so, after this, since i was a senior person in that co, i had send him a email on his office id.

Do u think, i should also send him SMS on his mobile?


nilesh (Pre Sales Engg)     06 November 2009

 what are rules pertaining to PF for a pvt ltd Co. having 250+ resources and registered with NASSCOM? Under which clause they Co can exempt and not provide PF to employee?

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