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Dhiraj Pathak (Executive )     20 April 2009

Salary Not Disbursr

Hi all,

I am working in Reputed company from May 2008 on Company Payroll From November 2008 till date we have not received any salary from the company

So, Pls let me know how i can recover it


 6 Replies

badrinath (Sr.Manager-human resources)     21 April 2009

1. You  can  first post a communication to the management in writing that you have not received salary till date.2. if there is no response for that you can bring the matter to the notice of the labour commissioner/ factory inspector for appropriate action. 

Dhiraj Pathak (Executive )     21 April 2009

Thanks Badrinath,

but we have many time approched to our HR - Manager but she is talking very bad manner and always from Management side and our boss has given time that upto march your all salary will be clear but they have not fullfilled his comment and our HR making rumors in the company that there is recession and you people co-oprate to company it is very big company and that;s all but in this time he has given 30th april that all salary from nov to march will be clear but till today we all employee haven't received any thing

When we asking to our HR - manager, she give comment that "i also didn't get salary so, what i do everything is in boss hand and she is not taking any initial step to solve it."

she is talking with employee in irritate manner and always frustratiing to all employee as well as our Corporate finance Manager has given the resignation

So, please advice and guide us


badrinath (Sr.Manager-human resources)     21 April 2009

  first of all i would like to  appreciate you for sharing your concers.from the way  you have mentioned about your company, i  can understand your  position and  i can tell you  that  unfortunately  you are in the wrong company. also your HR Manager  does not seem to be people manager  who dosent have concerns for employees and  there is frustration  from all level of employees.

my  advice is , in this time  of recession,  concentrate on improving your skills and  you  can  also look out  for a change of company (  if that company is a good company) even  for a lower  salary  for a while. this recession will change and things will definitely return to normal stage. till such time, have patience and work on your strengths. also, work on your network and try to keep yourself engaged. when things improve you will definitely get benefited.

Mean while, as far as your payment of  salary is concerned  you  can report the matter to the labour commissioner / factory inspector for appropriate action. if  more employees are affected , you all  can  act as a team  and this will add pressure to the management.

i  sincerely believe that things will  improve  but  have patience. good luck  dear friend.

Dhiraj Pathak (Executive )     21 April 2009

Thanks Badrinath.

I want to know if company has given salary from Nov 2008 to Feb 2009 than also my two months salary is pending with company and my notice pay is 3 months so, can i file a case to recover the same or it will set off against my company as i can not serve my notice because of salary and for that i will join any company with immediate effect

So, please guide and advice me

Thanks for your support



The answer for your question is completely misdirected.  You approached this forum for finding a legal solution and you are entitled to get it.  Further, it appears to me, it is not your individual problem and most of the employees might be going on months together without pay.

The employer's first duty towards its employees is to pay salary at regular monthly intervals.  No statutory provision in India would absolve the employer from this obligation except in winding up cases. 

How to realise your and your co-employees' salary dues?

If your wages are less than 6500/-, you can move the competent authority under Payment of Wages Act for realisation of the wage dues.

If your wages are more than 6500/- and still your job description comes within the definion of "workman", then you can move an application under Section 33 C(2) of the Industrial Disputes Act, 1947 before the Labour Court.  Alternatively or in addition to this, you can move a complaint before the Assistant Labour Commissioner, who will depute his labour inspector to the company to recover the wage dues.

If your establishment comes within the purview of "Shops & Establishment Act" and if you are an employee  as per that act, you can move an application before the competent authority for recovery of wage dues by affixing Rs.1.25 (One rupee twenty five paise) and you will get relief.

If you will not come within the above categories, then you have to file a civil suit for recovdery of wages and it is a little bit costly affair.

If you are in Delhi, contact me and I would help you to recover your and your co-employees'  wage dues by preparing appropriate application.

badrinath (Sr.Manager-human resources)     24 April 2009

thanks for replying dhiru. i suggest that you can report the matter to the labour commissioner and you  will get  appropriate  relief. 

My advice or suggestion are based on legal aspects and iam also a qualified legal degree holder  which pl. note.

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