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Bhaskar kuntal (Director)     27 April 2013

Employer reluctant to pay salary & relieving letter

Dear Sir,

       I hade been working with a Noida based jewellery manufacturing company named Orosil Smiths India Ltd. (Listed in Bombay Stock Exchange) for the last eight months started from the First day of August 2013. Everything was going well and I had a very good relation with my Director. All of a sudden on 3rd day of April 2013 he fired me from the job without giving any prior intimation/notice. During my job tanure I haven't got any written warning or negative complain from company's side. I submitted my official valuables like laptop and Mobile on the very same day before leaving the office premises. Without arguing anything, I asked for my wage of the month of March 2013 along with the relieving letter which the company had to hand me over. The Director of the company adviced me to come next week. I visited the office again on the very next week and talked to him regarding my salary and relieving letter. He said ruidly that "let me think whether I have to give you the relieving letter or not". That was really ridiculous and shocking for me. It was really an affront to human dignity. What I have realised that he is reluctant to pay my wage. Already one month has almost passed, sofar I haven't got my wage and the relieving letter.

                      On the one hand company is trying to build its image and trust by saying its client that the company is listed in BSE while on the other hand the employee of the company is being exploited. I realy don't want to loose my hard earned money. Right now I am in a great trouble, until and unless I receive my relieving letter, I can't join the another company. For the last one month I am without job. Now it has become very difficult to sustain in Delhi. When I see from various aspects,  i can't fight with him as i am not financially sound  enough in comparison to him. I request you all to suggest me what to do in this adverse circumstances. Your true advice is highly appreciated.



 7 Replies

Adv k . mahesh (advocate)     27 April 2013

have you submitted any written letter to him stating what you want and while leaving the job you submitted the laptop and company property have you taken the acknowledgement because they may say that you have not submitted the property and they will adjust your salary with that 

so first you give a detailed letter stating the joiining date and the reason and who told you to leave all the facts and the property which you have handed to the person name and give that letter with acknowledgement so that even if you go for legal battle this would help you 

Bhaskar kuntal (Director)     27 April 2013

Dear Sir,

        On 3rd day of April2013, Immediately my Director called me up and said that you don't need to come from tomorrow and he immediately taken my official cellphone. The e-commerce encharge had taken my laptop after getting the instruction from the company Director. They didn't even give me time to think of taking the acknowledgement. However I have an SMS of one of the employee who is currently using my laptop in the office which reveals clearly that the same laptop is being used by him atpresent. As far as cellphone is concerned the same no is active and it has been allocated to an another employee of the same company.  I have already sent the mail regarding the submittion of the valuables. I have sent a detailed mail to the Director mentioning whom I have handed over the valuables and by his permission. I have the email records of each and every conversation and an SMS of company employee which clarifies that the laptop is being used by the him currently.


Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     27 April 2013


for the sake of your career, take the long-term view. Here are some tips for making a good exit:

1. Quit with a smile. "Say how much you’ve enjoyed working there . . .  that you’ve learned a lot," advises Corporette. "It doesn’t matter how much your current job drove you away, or how your new job will be so much more awesome--leave on as high a note as you can."

2. Give two to four weeks' notice. Though two weeks’ notice is required, Corporette says that in fields like law and banking, four weeks might be appreciated.

3. Don't forget the bonus. "If possible," writes Corporette, "wait to resign until the money has cleared your checking account. I’ve heard far too many stories of someone resigning after bonuses were announced but before they were actually paid out, and then not getting the bonus and kicking themselves." Moreover, if your new employer wants you to start immediately, and you're still waiting for your bonus from your current firm, Corporette suggests that you negotiate with your new firm to make up the difference.

4. Keep busy until you leave. Finish whatever major project you have, advises Corporette, and "don’t screw over your old employer when you leave. Leaving on good terms is the goal here: You still want recommendations and the ability to network with your former colleagues and bosses." Corporette readers suggest maintaining a respectable level of billings--say, five hours or so a day.

Finally--a point I'd like to address: How to handle that exit interview? Be truthful about that horrendous partner you've had to endure, or the document reviews that could have been done by a monkey? Or should you just gloss over the negative points and emphasize the positive? If I'm asked for my views, my instinct is to spill my guts about how ridiculous, inefficient, and demoralizing the firm/company has been. I could happily rant about everything from the nonsensical organizational structure to the lousy snack selections in the vending machine.

But please, don't do what I'd do. Smile--and just say it was a privilege to work there.

suvendu (CPV Manager)     27 April 2013

Dear Sir,

I am working as a CPV Manager in a financial service company,who is paying the lowest in the area(Bhubaneswar),he showing higher salary to avoid tax,but in reality he is paying much lesser than that,so I pray before you to take steps to check such type of injustice with us.

suvendu kumar satapathy,


M.S.R.Murty ( Manager (Admn))     28 April 2013

Dear Sirs,

Mr.Kunthal & Mr. Suvendu, both are advised to approach the concerned Officers of Labour Department to solve the issue with out expenditure.   

sneha (management trainee)     06 November 2013

Dear sir,

I was working for FALCON acoustics and passive fire solution for almost 3 and half month as Management Trainee.Due to some personal reasons i had to resign from the company and in my last month i had worked for 12 days of october. And now i am asking them to issue my 12days salary they are not issuing it giving reason that i dint complete notice period.But the fact is I was on probation period and i dint have any notice period for it and they havent mentioned in offer letter even about any kind of notice period. 

Please help me with the same what should i do because i dont want to leave my salary.

Kumar Doab (FIN)     07 November 2013

As advised by Mr. Murthy approach o/o Labor commissioner.


@ Sneha,


Your query is discussed at:


@ Suvendu,


The employer should issue the wage slip/pay slip to employees.

The employer and employer both should sign on the pay slip.


Have your been signing on the pay slip showing higher amounts as a token of acceptance of correctness of the wages paid to you?


If yes how would you prove the fraud of the employer?


If all employees are united and are willing to stand up against the employer all may agree to be a witness to each other.


Trade unions are sensitive to such matters. All employees may become member of trade unions.


@ Kuntal,

If employer has terminated the employment with immediate effect employer should tender notice pay and supply relieving letter, service certificate, correct FNF statement, payment of FNF dues, form16 as per correct FNF statement, PF number, PF a/c slips for entire tenure of service, ESIC card , salary slip of all months of employment………………… .


Such companies are covered by Shops and Commercials establishments Act of the state and have to maintain the forms/registers of employment, OT, Wages paid, leave etc as prescribed in the Act and one of the duties of the Inspector appointed under this Act is to ensure that FNF wages of the separated employee are paid.


In some states Labor Inspector in charge of the locality of the office of the company may also be the Inspector under Shops and Commercials establishments Act and Payment of wages act………………….



The employee can approach:


>> Lawyer/Law firm: The legal notice can help to drill sense into the heads.


>>Trade Unions: The Leaders know the precise ways to handle such matters.


>> Inspector under Shops and Commercial Establishments Act of the State…………One of the duties of the Inspector is to ensure that the dues of the separated employee are paid.


>> Inspector under Payment of Wages Act ( Applicable to all employees drawing wages as per def. of wages in the Act up to Rs.18000/pm) within 1 year.


>> RPFC in o/o PF Commissioner (Nearest office has to help even if the PF a/c is ion some other office)

>> Inspector in Local/jurisdictional ESIC office………….

There are threads indicating that employees have been approaching police u/s 406,420 and as creditors treating unpaid wages as debt on employer……………..



It shall be appropriate to show all of your docs to a competent and experienced labor consultant/service lawyer give inputs in person and proceed under expert advice of your lawyer. The lawyer that has seen all of your docs and has analyzed your inputs can advice you the best.




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