naveen anand (Technical Head) 27 August 2013

Long back dues uncleared by ex-employer

hello there. Sorry for this long thread but this explains the complete case. So plz take out your precious time to read on.

my name is naveen, currently residing in Delhi. My problem is related to the uncleared dues from my ex-employer. the detail of the case is as follows.....

i joined a company on 21 january 2012, named MAAC, which is a graphics and animation training institution spread across the country. It is a franchisee-model company with Head Office in Mumbai.

I was appointed at MAAC Bhopal center as Technical head. my salary was 28000 per month. For first 2 months of service, current month's salary was paid on 26th of next month. But from april 2012, my then employer and the owner of MAAC Bhopal center Mr. Akhilesh Rajput, started to delay the salary even more... i got MAY and JUNE salary in July 2012..

After that, he started making plot to terminate me.. i asked the Head Office for help in this matter. But nothing happened. in August 2012, H.O. decided to shift me to MAAC Baroda, Gujrat. i was given 25th August 2012 as the last date of service in Bhopal. my JULY and AUGUST salary was still due to be paid.

No transfer letter or relieving letter was given to me. i asked for it but Akhilesh always kept the talks on hold..

H.O. people said that i should move to Baroda, they will get me my salary and relieving letter. But i never got it, till today. since then, i was working at Baroda Center. i have called Akhilesh and H.O. and even mailed to them hundreds of time in this 1 year period but nobody entertaining the matter.

I recently left MAAC company on 25 June 2013. still the amount, which is quite big for me, is due on Akhilesh.

My question is How can i get Legal Help in this matter. Please reply soon.

Thanks in advance.

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2 Replies

Manish Kumar Gupta (Deputy Legal Manager) 29 August 2013

Since you have left the company in June only, hope you have received your full & final statement from the company, and you should have objected this non-payment at that time. They can take plea of acceptance of full & final statement

Though this matter is weak, but even then you can serve them with a legal notice with the help of any lawyer.

Thanks.

Kumar Doab (FIN) 06 September 2013

MAAC Bhopal, MAAC Baroda is directly owned offices of MAAC or is Franchisees of MAAC?

If these are Franchisees (and not owned or group companies of MAAC) then who has issued job advertisement, invited applications, conducted interviews, selected, and issued appointed letter to you?

What is location mentioned in jurisdiction of courts in appointment letter issued to you?

If these are Franchisees (each owned by different owner) then how can MAAC Bhopal issue a letter of transfer etc to you for another privately owned company at Baroda?

If these are different and privately owned establishments then you may need to deal with them separately.

Both MAAC Bhopal, Baroda should be registered as commercial establishments with respective state govts of MP, Gujarat.

You may also approach Inspector under Shops and Commercial Establishments Act of these states.

e.g;

The Delhi Shops and Establishments Act, 1954

37. Powers and duties of the Inspector.

(b) Duties of the Inspector………….. (i) that in dispensing with the services of an employee the provision of the Act and Rules have been complied with and no dues payable under the Act or Rules have been withheld

The local o/o Labor commissioner can provide you the contact details, and it may be available at Dep. Of labor website of both states.

It is to be seen by your lawyer how can MAAC HO be involved in it?

The lawyer that has seen all of your docs, emails etc can advice you best.