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Durgesh Kumar (Manager Technical)     19 March 2018

Non payment of salary

My company is suffering from a financial crunch since last quarter of 2014 and salaries have been irregular at times. Current outstandings are upto a tune of 18 Months. In every meeting they say we are trying to arrange funds. The workmen have already filed a case in District labour court and are being paid now and then as the court makes stern decisions, but also there are outstandings of almost 8 months to their account. The Staff has also not been paid for bonus since 2014 and likewise no increaments. Many vendors have also filed cases against the company and some have also been paid. So many employees have left without being paid a single penny and also they have not been provided with Full and final settelement statement. It seems that the management has got in to a mood of paying only to the parties who are chosing legal course.

So, my question is:

If we, the staff, can choose a legal course of action?

and if yes then how to proceed with it?

 

Thanks in advance!



Learning

 1 Replies

Adv. SIddharth Jain (Advocate )     20 March 2018

In order to recover your money, the first step is to to issue a legal notice ask them to repay the entire amount that is due. If they fail to repay the amount then you have to file a suit for Recovery of money. You can also ask compensation for damages, if there has been any loss to you due to the non-payment of dues. You also have the option to file a summary suit under order XXXVII of CPC for recovery of the money with interest.You can claim interest rate if your contract with the customer mentions interest to be charged in case of non-payment. The second is the fastest way to recover your dues. For a detailed consultation, contact me at isidjain1@gmail.com

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