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Employer not paying due salary

Page no : 2

Inderjeet Samajdar   01 July 2017

SIr I have contacted a few lawyers and everyone is saying that it would cost me more to take this matter to court than what my dues are. Moreover there is a a 2 month holiday period going on for lawyers (June-July) so everything is just stuck. I have been unable to get my boss's personal address neither does he answer his phone and the last I spoke to the woman who worked in the office she said she is not in contact with him and that he has changed his address and she doesn't know anything (I think she had been intructed to do so). What should I do sir? Should I just forget about getting my money back? Even my family is saying that it's pointless to purusue this anymore but I just can't come to terms with the fact that I worked so hard for someone and at the end got cheated for my hardwork. Please give some guidance.

Kumar Doab (FIN)     02 July 2017

Originally posted by : Inderjeet Samajdar
SIr I have contacted a few lawyers and everyone is saying that it would cost me more to take this matter to court than what my dues are. Moreover there is a a 2 month holiday period going on for lawyers (June-July) so everything is just stuck. I have been unable to get my boss's personal address neither does he answer his phone and the last I spoke to the woman who worked in the office she said she is not in contact with him and that he has changed his address and she doesn't know anything (I think she had been intructed to do so). What should I do sir? Should I just forget about getting my money back? Even my family is saying that it's pointless to purusue this anymore but I just can't come to terms with the fact that I worked so hard for someone and at the end got cheated for my hardwork. Please give some guidance.

It is entirely your (employee’s) decision to forgo the fruit of your (employee’s) labor and let employer(s) exploit you and others (employees).

You have posted the facts of deductions, nonpayment of wages etc …………..

Almost all trade unions have their office in Delhi e.g; BMS,AITUC,CITU,INTUC etc etc and there should be local employee’s/trade unions………….

 

You must be knowing local influential persons sat area councilor, community leaders and in turn officials in police…………………..Give the number and in NO time they can find the address and a call from police official may fetch your results.

Lodge complaint under acknowledgment with all authorities as already mentioned.

It does not cost anything.

Kumar Doab (FIN)     02 July 2017

I have seen employers sending payment by bank DD with letter from Redg. Post on getting visit/call from Labor Inspector, notice from ALC.

I have seen employees posting complaint with PM’s, President’s office and getting their complaints forwarded to concerned authorities’ office.

 

You need to act now and in future to defend your interest from such unscrupulous employers.

To collect your dues or leave your dues is entirely your decision.

I have already posted the best possible information and recourse for you.

Kumar Doab (FIN)     02 July 2017

 

In your query at following thread it seems that you have acted and got some relief.

https://www.lawyersclubindia.com/forum/Need-some-guidance-151157.asp

Good to see that you have acted and got some relief.

Inderjeet Samajdar   06 July 2017

Hello Sir

I went to police station yesterday and the S.I. there was very cordial and helped me a lot. He advised me to approach a court under sec. 138 or a labour court and my matter will be solved in no time since it is a civil offense/non-cognizable offense. He also said that I'm bound to recieve not only my salary amount but also extra expense due to mental stress and the lawyers fee will also be taken from my boss since this is a case for check fraud and they take it very seriously nowadays. 

Sir I have just one query, I researched online and it says that I have to send a notice to my boss within 30 days of the cheque being dishonoured but I have already exceeded that time period.

I also researched that under labour laws I have three years to make a case out of this check fraud. Sir will I be able to make a case under sec. 138 since I have already exceed the one month time limit since the check was dishonoured or will my case be rejected?

 

Kumar Doab (FIN)     06 July 2017

If you have NO money seek free legal aid.

It should be within nearest courts complex.

 

Inderjeet Samajdar   20 July 2017

Hello Sir

Today I come here to thank you for your continous guidance and support.

I had gone to a Lawyer and explained him my problem. He asked me to deposit the same check again and if it bounces this time he'll send a notice.

I deposited it in account and the check cleared in 2 days. Perhaps my employer had come to the right sense and knew he would be in trouble if it bounces again,

Anyways I've got my money. My hard earned Salary. I feel vindicated that truth and honesty has won and can proudly say that "Truth Prevails at the end".

I really wish to thank you Kumar Sir. Thank You So Much.

May God Bless you and your Family.

Thank You Again.

 

Kumar Doab (FIN)     20 July 2017

If you wish you can stake claim to other amounts dicussed by you.

Kumar Doab (FIN)     20 July 2017

You are welcome.


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