Milind Deshpande 25 October 2015

Pending dues from previous employer

Msd1972@rediffmail.com

Hi All,

Need your help/Suggestion/Solution. I was working with a company “IndiaSoft Technologies Pvt Ltd” Pune from May 2004 to December 2012. I would like to file complaint against Ex-Employer for the following:

Not paying my salary for 4 months (August 2012 to November 2012)
Not paying my monthly conveyance, mobiles bills
Not paying my promotion increment

While leaving I had completed the notice period as per company rules and handed over all the materials available with me (Laptop, adaptor, etc).

I had been regularly sending reminder letter to Employer since January 2013, but no response from them. They keep on telling me that as the company situation improves, the payment shall be released. But till date no release of even a single penny, even after there is improve in the company’s financial status. They have paid the service tax, PPF etc to Government as it’s a statutory requirement to run the company, but neglecting employee payments.

If anybody can suggest solution, it would be of great help!

Warm Regards,

Milind Deshpande

+91 9595189005

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1 Replies

Kumar Doab (FIN) 25 October 2015

You have posted that:

----"I was working with a company “IndiaSoft Technologies Pvt Ltd” Pune from May 2004 to December 2012. "

If you are not coverd by the def. of 'Employee', 'Workman' then limitation may bar your claim after expiry of 3 years.

Your employer may be happily watching it to expire.

You are negilgent.You should have acted by now.

---"They keep on telling me that as the company situation improves, the payment shall be released."

Is it stated in writing?

Have you recorded the statement (audio/visual/minuted/witnessed)?

---The forums that you may be able to approach:

IN person or Thru Employee's/Trade Unions leaders (that are traditionally very active in Maharashtra)/Labor Law Consultant/Service Matters Lawyer/Law Firm specializing in labor-service matters...................

Inpsector appointed under; Bombay Shops and Estbs Act; If estb is covered by this Act (it should be) and you are covered by the def. of 'Employee' as in the Act (you might be)

Payment of Wages Act; applicable to all employees drwaing wages as per def. of wages in the Act, currently, upto Rs.18000/pm

Higher Officials of Deptl of labor

O/o Labor Commissioner

Civil Court

Complaint u/s406,420

winding up petition as unpaid wages/emoulments are debt on employer