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Creativebit (Private Job)     06 January 2010

my ex-employer is refused to pay my last working month salar

Hello to all,

 

Dear Members,

I was working in Pvt, firm, from the last 5 years. But five months ago I left the job and start with a new one. Continuously from the date from which I left the my previous job, I was requesting to my ex-employer to settle down my salary and dues. But he was not answered any call positively, after some efforts to contact him, I received a message from one of my ex-collegue, that he has sent a a/c statement for me, regarding my salary,

According to the statement (which was on simple Dairy paper with his own handwriting ) 

Calculation was based on  1 year working days, and leaves, a Rs. 10,000 was standing against me, record also shows, 9 hr. working per day, One and half leave is allowed  per month,

which means I have to pay him Rs. 10000 instead of getting my salary 9000 (15 days working) and saving of Rs. 2000 per month(for 8 month) total of this  Rs. 28000

As per him there was a less working hours so that this minus balance was raised.

But as per me, we have no benefits of restricted holidays (as mentioned in per co. law)

I have surplus overtime benefit of this, if calculated sincerely, But he refused to pay anything to me, which includes salary, savings (which have no records, it’s on mutual understanding between us) and overtime, (if calculated),

 I need some legal solution to get my dues back at least salary

I would be very thankful I get some help from for lawyer’s club members

 Points that can be helpful to resolve my issue:-

1. It’s a six month old issue,

2. Not have nay records of my savings (as it’s on diwali basis and deducted from my salary and received on diwali)

3. Only attendance register is maintained  (firm is not registered, working in Residential area)

4. On a/c paper which he has sent mentioning 9 hr. of working per day, (as per govt. norms 48 hr.s in week and more than this is accountable to overtime)

5. salary was made by cheque

6. six person in office

7. I have no record of attendance

8. No holidays were allowed like 15 aug. or 26 jan. (this can be proved if attendance register is present)

 One thing I assure you, if attandence register is check sincerely, then the conditions are positively on my favour.  

 I need some legal solution to get my dues back.

I would be very thankful I get some help from for lawyer’s club members

 Waiting for your early reply in this matter

rakh



Learning

 2 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     06 January 2010

First of all make a written complaint to Labour Inspactor of your area and get the copies of attendance register through him. If Labour Inspactor fails to get the entire releif from your previous employer then file petition under section 15 of Payment of Wages Act before prescribed authority which shall decide the matter as per law.

Creativebit (Private Job)     08 January 2010

Dear Sir, first  of thanks for this information,

i have one more query,  : The provisions of Payment of Wages Act is applicable to employees drawing salary upto 10,000/-pm. You mayraise jurisdictional objection.The complaint will not be maintainable

is it suitable in my case also, if yes, then i there will no chance tio get my money back,

as my monthly salary was Rs. 18000 per month,

please clear my confusion in this matter.


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