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Karan Patel   03 August 2016

Salary not paid

Hello,

My name is karan patel. i am working with the IT company, they dont paid all employess salary last 3 month. total number of employess are 25-30. and they also shutdown their office & no reply on mail or sms.

So hows procedure to take legel action?



 6 Replies

adv.bharat @ PUNE (Lawyer)     03 August 2016

Karan do u have appointment letter mentioned the salary and date of appointment.?

If yes then You need to give notice for revcovery of your salary to them through advocate.

If they don't reply then file case in consumer court or make appeal to district labour officer for the same.

1 Like

Karan Patel   03 August 2016

Thanx a lot adv.bharat.

Kapil Chandna (Lawyer at Supreme Court of India)     03 August 2016

Sir,

 

Send them a legal notice with the police complaint of cheating against them .. 

 

Warm Regards 

Kapil Chandna Advocate 

9899011450

1 Like

H. S. Thukral (Lawyer)     04 August 2016

In such issues I advise the employee to approach the labour authorities under Shops and Establishments Act of the state. It is easy and least expensive without there being any conflict of status of employee being a workman or manager. In case the company is winding up its operation totally, a different approach is required. Salaries of employees is secured credit which is at par with other secured creditors. 

1 Like

Advocate Venkateshwara Rao   09 August 2016

In such a scenario, the employee must approach the labour authorities under Shops and Establishments Act of the state. It is easy and least expensive without there being any conflict of status of employee being a workman or manager. In case the company is winding up its operation totally, a different approach is required. Salaries of employees is secured credit which is at par with other secured creditors. 

Kumar Doab (FIN)     12 August 2016

Shutting down the office and closing the company are two different things.

They seem to have pulled down the shutters and left without paying.

All employees may join hands and stand united.

Approach IT employees unions. There are many and have affilliated with Trade Unions and have done a good job.

Engage a very able counsel specializing in Labor/Service matters.

 

Your counsel may opine to lodge complaint with;

Inspector appointed under Shops & Estbs Act

Inspector appointed under Payment of Wages Act

O/o Labor Commissioner ( may club all complaints) 

Higher Officials of Dept. of Laabor (for examplary penalty) 

u/s 406,420

winding up petition

 

If salary slips are not issued and salary is  not paid then it might not have been processed and accrodingly stautory dues e.g; PF,ESIC,TDS, Gratuity, might have not been paid.

Complaint with RPFC, jurisdictional ESIC offcie, ITO-TDS where employees files ITR, CIT-TDS where comapny files ITR, DLC/ALC- Gratuity  ...................may be filed.

 

Find out addresses and estate of owners and report.

 

You need to Act to defend your interst before owners disapear.

 

You may go thru:

The stacking order of priorities in secured lending


https://www.lawyersclubindia.com/forum/Company-in-liquidation-77247.asp

 

https://www.lawyersclubindia.com/experts/Liquidator-appointed-on-sootgirni-611606.asp

 

Become dispassionate.

If they have run away let them be sent to jail.

 

 


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