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kartik (engineer finishes)     26 June 2012

Salary held up after resignation

I was working with a construction company from last one year, at the time of joining I reminded them 2-3 times about joining letter, but they never provided, now after resignation they are not giving me last month(i.e. May 2012) salary saying that u have not provided us one month notice. I told them it was never been told me & I had never signed any document regarding one month notice period.

Can somebody help???


 5 Replies

Uttam Maheshwari (Associate)     26 June 2012

Dear Querist,

The solution would depend upon the registration of your company with the statutory authorities. For eg. of the company is registered with the Labour Commissioner under the applicable Shops & Establishment Act, then the form would be the Labour Commissioner concerned. Similarly, if your company is registered under the EPF Act, 1952, then, you may lodge a complaint about non-remittance of provident fund for May 2012 to the concerned PF authorities.


Uttam Maheshwari,


Bhawani Mahapatra (Law Officer)     26 June 2012

Dear Kartik

If you don't have any written document like employment/offer letter, its difficult to help. Because now the burden lies on you to prove that you are entitled to receive a month's salary, if they dispute your employment.

Kumar Doab (FIN)     26 June 2012

This is for the sake of explanation only.There is provision of issuing appointment order under SE act.

Company may claim appointment was accepted without order of appointment.

However since no appointment letter was issued and hence you have not given acceptance on terms and conditions including notice period, thus no notice period and hence notice pay is applicable.

You can approach wages Inspector under Payment of Wages Act, and O/o Labor Commissioner.

Bhagwan Tolani (Salaried)     29 June 2012

Dear Mr. XYZ,

Good Evening!

If evaluate this case, its clearly reflecting your fault. Why you were sit silent entire the year & why not you haven't blow a whistle?

Now they can say that you have to give notice or you can go for legal battle becoz neither they given you any letter nor you have signed any agreement.

The solution is you sit keep quite and move from there to other company. Else waste your money in legal battle.



Anjuru Chandra Sekhar (Advocate )     29 June 2012

File a Claim application under S.15 of Payment of Wages Act, 1936 with Asst. Labour Commissioner of relevant jurisdiction.

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