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Yuvaraj.L. (Manager - Accounts)     25 November 2010

salary - Claim from pvt. ltd. com

I resigned my job in Feb10 but still company not settled my salary for 24 days. I received relieving letter from my previous company saying settlement  will be discharged by 15th mar 2010, but still amount not settled. I apporached the company for payment due for me but company is not responding property. what should i do ?

Please advice for the further action.



Learning

 5 Replies

dk.anand (legal head)     25 November 2010

Dear , u plz issue legal notice thru adv plus file petition thru advocate under payment of wages Act to commissioner court.

Pathikrit Naha (DGM - HR & ADMIN)     25 November 2010

You please approach Inspector under Payment of wages Act. If you are working with a factory then Factory Inspector is the right person.

If in office then Shops & Establishment Directoriate will serve your purpose. Sometimes different state govt notifies different deptt as authority under payment of wares Act.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Kirti Kar Tripathi (lawyer)     25 November 2010

first of all you demand your dues in writing. in case, the employers do not settle your account or give your payment within reasonable period, you may go for litigation. dear  friend  to go in litigation is not a easy task, it will require time, money and also cause mental tension. however, from where you can seek remady, it depends on amount of wages, which you were getting and also on nature of job. in case your salary is less then Rs. 6500/- month you can file claim under payment of wages act, if it exceeds Rs. 6500/- PM and your nature of job is of workman, you can seek remedy under Section 33-C(2) of ID Act  and if you are not workman and drawing more then Rs. 6500/-PM, you have to file case in Civil Court.

mahesh pandey (Vice President)     25 November 2010

Dear Yuvraj,

U can approch ur employer in writing 4 ur claim of money due from the employer, if there is no response or negative  respnse then u can file ur claim under section 33C(2)of the Industrial Disputes Act before Labour Court 4 recovery of money due from employer. I defer with views of Mr. Tripathi as there is recent amendment of I.D.Act & the coverage of salary limit 4 wormen hjas been enhanced  to Rs.10000/-

Tks

Mahesh 

Kirti Kar Tripathi (lawyer)     27 November 2010

Yes, I agree with the fact that by way of amendment the limit of wages has been raised to 10,000/- in ID Act but in case you are not workman, the remedy is in civil court only


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