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G Srinivasa Rao (Senior Manager (Operations))     26 August 2010

Non Payment of Salary

Dear Lawyers! I has worked in a company since november 2006. Since Feb 2009 the company is not paying salary on time to me and also to other staff in the organization. Now I went on without pay leave since may 2010 as they are not paying salary on time. The company still has to pay me the salaries of Feb 2009, march 2009, april 2009, may 2009, august 2009,september 2009, december 2009, jan 2010 and april 2010. The company is saying that they are in a financial crunch and will pay the entire backlogs before july 2010. But they never gave any commitment in written. Now I am in a big crisis as the medical condition of my wife is not good. I have writen so many mails to the HR and other top management people but no one is responding. They are also not picking the calls to answer. Is there any legal method to take backlog salary immediately from the company. If not the full amount atleast a part payment as we are in a very big crisis. Recently I have received my form 16 (TDS)in which the company is showing that they have cleared my salary every quarterly (Means: 30th June, 30th September, 31st December & 31st March)but have not received any amount transfer to my bank account or any cheques. The company is a section 25 company. In the appointment letter it is mentioned that all the legal matters will be as per Mumbai Jurisdiction and I stay in Hyderabad. If I file a complaint against the company do I need to attend mumbai civil court for the judgement? Please help with a proper guidence.



Learning

 7 Replies

DR.SANAT KUMAR DASH (Eye Specialist)     26 August 2010

DERA  MR. RAO,   I   REQUEST   YOU    TO   CONSULT    A   PERFECT   SERVICE     LAWYER   AT   MUMBAI    &   FILE    A   SUIT   IN   THE   PROPER   COURT   OF   LAW   AND     PUNISH   U'R   EMPLOYER  AS   PER   RULE   OF   LAW.

1 Like

G Srinivasa Rao (Senior Manager (Operations))     27 August 2010

Thank U doctor for the comments. I want to know that under which act can I punish the employer? Also can it be possible for me to fight the case from Hyderabad? Experts are welcome for best guidence.

Ruchi Choudhary (Manager-HR)     27 August 2010

Mr. Rao, you can go through "Payment of wages Act" under which you can sue your company.

DR.SANAT KUMAR DASH (Eye Specialist)     27 August 2010

MR.   RAO,     YOU        CAN        FIGHT        FROM        HYDERABAD.         THE       EMPLOYER           SHOULD      

BE       PUNISHED       IN      THE        COURT    OF     LAW.   I   REQUEST        YOU       TO    CONTACT       A        

PERFECT          LAWYER        AT     HYDERABAD.............SO      THAT       YOU    CAN      WIN       THE       CASE.

Pratheep Kumar (Asst. Manager - HR)     28 August 2010

Mr. Rao

 

As per the Payment of Wages act the salary should be paid each and every month with in the prescribed time limit.

 

You may send a written complaint to labour department.  There is no requirement to move to Mumbai to file the suit.  Since your employment falls under the jurisdiction of Hyderabad you may file your written complaint at Hyderabad labour office itself.

 

 

Regards

 

Pratheep Kumar. R

G Srinivasa Rao (Senior Manager (Operations))     29 August 2010

Thank U! Miss Ruchi, Mr. Pradeep and Doctor for ur response

1 Like

Gagan (Manager)     13 January 2013

Hi,

I worked for Kingfisher Airlines and was not paid for the month of March to July 2012 (5 months). Since September 2011, salaries were paid intermittently, for which I have my Bank statement as a proof. I left kingfisher Airlines in the month of July and got my relieving letter but full and final settlement is still pending.

I want to claim my pending salaries and get full and final settlement done. Please guide me how to approach about it.

Thank you & Regards,


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