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manoj   24 October 2016

Pending salary

Its been a four months my company did not pay me salary, I joined company in may 2016, although it was a startup company but i was in a impression that company has funded by its parent company, but after joining I got to knoe that it has to generate its own funds. 

I left company on 10th oct 2016, did not get salary from past 4 months whenever I am asking about my dues company is telling do not have funds with them, but for sure they will pay to all employees but will take time.

Now I am asking what is the legal procedure to ask them about my money, can anyone suggest me???



 12 Replies

adv.bharat @ PUNE (Lawyer)     24 October 2016

Manoj do u have appointment letter? giving details of your salary?

U can give notice through lawyer for recovery of pending salary.

If u like my solution then will u give THANKS on my LCI profile.?

Kumar Doab (FIN)     25 October 2016

While posting such queries employee should always post basic information;

What is this establishment; Commercial, Industrial?

What is its line of business?

How many persons are employed in it?

Does standing order apply in your case; Model/Standing?

What is your designation and nature of duties?

Do you have any power to sanction (Not just recommend) leave/increment/appoint/terminate/appraise/grant OT etc etc…………..

Can anyone change/cancel your recommendations?

How many persons report to you?

You are in which state?

Your service is under probation or confirmed?

For how many months you have been working? 

What is the notice period tendered by you?

What is the notice period as per appointment letter?

Do you have copy of notice of resignation/resignation, acknowledgment, POD?

What is the reasson quoted by you in resignation?

Has your resignation been accepted?

Have you been getting salary slips?

What was your monthly salary?

M.S.R.Murty ( Manager (Admn))     25 October 2016

Dear Sir,

You can complain to Asst. Labour Commissioner of your region.


Kumar Doab (FIN)     26 October 2016

You have not replied, pointwise to all points.

It is not clear if your are covered by the def. of 'Workman', 'Employee' as in ID Act, Shops & Estbs Act.

If you are covered then you may approach; O/o Labor Commissioner, Inspector appointed under: hops & Estbs Act.

You may also succeed to lodge complaint under Payment of Wages Act. This Act does not discrminate between  'Workman', 'Non- Workman'.





Kumar Doab (FIN)     26 October 2016

Try complaint u/s406,420......................and involvement of IT/ITeS employee's unions/Trade Unions..............

M.S.R.Murty ( Manager (Admn))     28 October 2016

Dear Sirs,

To complain to Asst.Labour Commisioner, need not be a workman or should be covered under shops & Establishment Act,


Kumar Doab (FIN)     28 October 2016

Shops & Establishment Act is state enactment.

Labor Inspector in State of Dept. of Labor may also be functioning as Inspector appointed under Shops & Establishment Act.

Any employed person covered by the def. of 'Employee' as in Shops & Establishment Act may complaint to Inspectorate.

Here def. of 'Employee' is by the def. of 'Workman' as in ID Act.

M.S.R.Murty ( Manager (Admn))     28 October 2016


We can request for conciliation through our complaint

Kumar Doab (FIN)     28 October 2016

If complaint is made to concilliation officer  that is ALC then concilliation officer, calls both parties for concilliation.

Concilliation officer may not conduct trial if affected person is covered by the def. of 'Workman', or 'Employee ' or not.


Kumar Doab (FIN)     28 October 2016

Another Option: lodge complaint under Payment of Wages Act. This Act does not discrminate between  'Workman', 'Non- Workman'. The affected person should be covered by the def. of 'Wages' in the Act.

M.S.R.Murty ( Manager (Admn))     29 October 2016

Dear Sirs,

Labour Department is service minded and they will check all options before closing the complaint. Since Mr. Manoj confessed that the company was suffering from financial stringencies, some payment guarantee from the company is needed. Such conciliation service can be done by the Labour Department on our request.  This is the way of collecting dues with out any legal expenditure. 

Kumar Doab (FIN)     29 October 2016

State of Maharashtra is the only state that comes to my mind whose Dept. of Labor  has a provision for calling person that is/was employed and employer for a sitting, even if person is/was an executive and not covered by labor laws.


The concilliation officer does not decide person is covered by labor laws or not.


Certainly the opportunity of coniclliation with expecation of getting paid can be tried.


At the same time if covered by Payment of Wages Act as posted earlier, may be tried.

If there is no result then appropriate forum/tribunal/court is choice.




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