Employer denies to pay salary

give notice through lawyer for recovery of payment.

Since you have given resingation (whether forcefully or not) on 18.04.2016, you are required to give a notice period of 30 days i.e. upto 17.05.2016 as per the terms of appointment. In your case, you have not served any notice period. So legally, you are liable to pay the notice period of 30 days to the company and not the opposite.

Had it been a case of termination (but you have resinged, right?), then the company was liable to give you one month's notice or pay in lieu thereof. 

If you can only prove that your resingation was obtained by force or coercision, then such resignation amounts to termination for which you can claim the notice pay. 

However, the last letter mentioning ""Expiry of contract and they mentioned contract expire date is 25th April,2016." shows some hope.

Please contact a lawyer immediately with all your documents and send a notice. Your case will become weak with lapse of time.

You have posted that:

-----"on 18th of april,2016. My manager whom I was reporting, forcefully told me to put my resignation as company is not affording me on this profile. So, on a same day, according to my contract rule,..........................I have put my resignation with 30 days of notice and I mentioned my DOL is 18th of april,2016 and told them to process my F&F accordingly."

There seems to some error, as the DOL/LWD should be 18th of May,2016!

----"they told me that they considered my DOL is 25th of april,2016 and they have sent me latter with mentined "Expiry of contract and they mentioned contract expire date is 25th April,2016. "

Did you recieve any such letter?

Did you ask them to supply the proof of disptach, disptach details and delivery?

The FTC signed by you needs to be examined so assess if the service conditions/rules provides for such discretion to employer i.e to accept the notice of resignation before expeiry of notice period?

----"My manager whom I was reporting, forcefully told me to put my resignation as company is not affording me on this profile"

The onus to prove may fall upon you. 

Do you have any evidence (audio/visual/witnessed/minuted)?

Has your (forced) resignation been accepted?

You may show all docs on record to a very able counsel specialzing in labor-servcie  matters ASAP, for a considered opinion.

Mr. Kumar Doab,

thanks for reply

- yes I mentioned DOL is 18th may 2016 in resignation.

I got below letter on mail on 7th June,2016

Date: 31 May 2016
To,
Mr XXXXXXXXXX

Re: Expiry of Work assignment
Dear XXXXXXXXXXX
You are an employee of XXXXXXXXXXX bearing Employee Code No. XXXXXX on a fixed term contract and
have joined the services of the Company by virtue of your Appointment Letter dated 22 Dec 2015 till currently. Your
employment with the Company is governed by way of the terms and conditions laid down in the Appointment letter
dated 22 Dec 2015 and the Service Rules of the Company.
We regret to inform you that, with reference to the Appointment letter dated 22 Dec 2015 due to the expiry of the Work
assignment and subsequent project closure your employment comes to an end with effect from 25 Apr 2016.
The Company shall process your full and final dues after the said date only on receipt of an acknowledgment of thisletter.
Yours Sincerely,
For XXXXXXXXX
XXXXXXXXXXXXX
(Authorized Signatory)
 

- have a proof of forcefully said me to put resignation. My reporting manager sent me mail to put resignation. then I sent resignation mail and mentioned DOL is 18th May, 2016. They replied me that they have accepted my resignation and will consider my DOL is 25 april,2016. then, I again reply him and mentioned that my DOL will be 18th may 2016 according to notice period of 30 days which is mentioned in my contract

- I have hardcopy of my contract and appointment letter where they mentioned 30 days notice period need to surve.

From your last post;

It is noted that;

Resignation was demanded. As per demand notice of resignation, was tendered.

The notice was accepted before expiry of notice period.

Vide the said letter dated; 31 May 2016, the reason expressed is 'due to the expiry of the Work
assignment and subsequent project closure'. This points to lay off/retrenchment and act of the company to extarct resignation to comit fraud so as to avoid payment of compensation in accordance with applicable law of the land.

You may confirm what do you mean by " I got below letter on mail on 7th June,2016  .....Date: 31 May 2016'"

Did you get soft copy of this letter ONLY by email ONLY and not the hard copy?::::: Confirm!

Anyway ''ask them to supply the proof of disptach, disptach details and delivery.......................and affirm that this soft copy was only disptached by email on 7th June,2016?

A reference has been made to 'Appointment letter dated 22 Dec 2015 and the Service Rules of the Company'

Do you have both? If yes post both of these. You may erase the names,logo etc to maintain confidentiality.

You seem to have a good case!!

 While posting such queries employee should post full basic information :

e.g;



Have you been issued with appointment letter? ( Noted; you have been) 



You may post the exact extract from appointment letter on termination/resignation,Notice pay in lieu of notice period,payment of wages etc.

What is your designation and nature of duties in appointment letter and on record/ in practice?



Is any date of payment of wages mentioned in appointment letter?


How was salary paid; cah/cheque/in bank a/c?

Did you sign any voucher? Do you have copy? Did you put date of payment on it?

You were in which state ?


What is this establishment; Commercial/Industrial ( Noted: IT company)?



Does it have Certified/Model standing orders and does it apply to your designation? (  If yes confirm it is (Model/certified). 


Are you a member of employees/trade unions?


What was your last drawn salary in Rupees?

You were under probation/confirmed?


Did company open a salary a/c for you, by signing introduction or it is transferring salary in your personal a/c?
Has it been supplying salary slips ( at least a day before date of payment of wages)?



Did you get I.Card, Visiting card,salary slips of all months, PF a/c number and a/c slips, ESIC card,Form16, service certificate, relieving letter, NOC/NDC, handover of charge/assets etc?


You have worked for how many months ?


How many persons are employed in it currently and what was max. no. at any time?



 

Mr. Kumar,

Thanks for reply..

Please find attached my appointment letter.

- I got soft copy of "Work Expiration Letter" on Email

- I am in gujarat  state. My third party agency from where I was getting salary is in Banglore

- We dont have any local office in my city. I was doing field work operating from my home

- They have issued my ID card mentioned "Temperory Access Card" From MNC IT company

thanks

Clause 3,8,10 of the attachment posted by you:'

• 356899_20160617135532_457677341_appointment_letter.doc

While in Cluse 3 in one breath the establishment states that you are no employee (By executing this letter of engagement neither do we offer you employment with XXXXXXX nor do you become an employee of XXXXXX. ) and in another breath Clause 3,8,10 it affirms employer-employee relationship.

At clause 7 you have agreed for Arbiteration!.............................We will handle it later.

At clause 11; it i posted that ............................"you hereby agree to have read and clearly understood the terms of employment provided in the Service Rules, which is attached herein."

Were these rules attached and did you read these?

You may attach these also.

It is to be seen if any responsibility can be fastened on the Client at Gujarat where you were located, in the capacity of Principle Employer.  

Mr Kumar,

Please let me know.. What shoud I do now??

You have not replied to all points, pointwise and have not attached the said rules.

Revert on these.

Once you revert on all points, further response can be made.