Need guidence to claim my dues

Hi Sameer,

Sad to hear this.

According to me you can file a suit in Labour court for the amount due by the employer.

Hi Sameer,

The approrpiate remedy is to file a proceeding under the relevant labour laws. You will have to tell us which industry/establishment you have worked at because the relevant law will have to be looked into according to that. Further, your designation, scope of work and salary will be a determinative factor. Kindly provide the said information to enable us to advise you properly. Also, if you are based in Delhi NCR, you can get in touch with us as we are dealing in many labour matters. 

 

Regards,

Advocate Anshula Grover

 

 

Unpaid wages are debt on employer. Don't waste more time. You have already given very long rope to employer. Reply to ponts raised by Anshula. What was your designation and nature of duties.

Dear All thanks for the reply,

Anshul Madam, following following information as asked :

I was working in Ahmedabad, Gujarat, the establishment name is Doshion Veolia Water Solutions Pvt. Ltd., it's a water treatement company and doing EPC Kind of work, my designation at the time of left was Manager - Design & Engineering, I was looking after all designing and detailed engineering activiities for electrical part, I am Diploma Electrical Engineer.

My role is to prepare engineering documents, getting approvals from client / consultant, visit to client / consultant office, visit to site, look to the drawings, tender, costing etc.

My salary at the time of left was gross salary 44027/- + Reimbersement Monthly 14901/- + Annual part like Bonus, LTA & Medical.

Also I want to highlight here that there are many labour law suites are alreay running on this organization, further I have not get relived letter and experience letter as well.

So kindly guide me how to claim my balance amount i.e. almost 4 Monhts salary + Annual Dues of last two years + Gratuity + PF

Sorry I have forget to inform that I have almost 100 leaves also balance, which is to be paid.

You may consult an able labor Law Consultant.

You may be covered as 'Employee' as in Gujarat Shops & Estbs Act 'Workman' as in ID Act.

Establsihment might be covered by Gujarat Shops & Estbs Act.

If covered you can approach Inspector appointed under Gujarat Shops & Estbs Act, O/o Labor Commissioner.

 

Your counsel may opine that you can approach:Civil Court, file for winding up petition, lodge complaint u/s406,420.................

 

Gratuity: Submit FormI under proepr acknowledgment and mention that neither Notice of Dtermination of Gratuity nor payment of Gartuity hasbeen supplied to you.

 

Demand salary slips of all months and FnF statement showing computation of earned wages, leave encashment, remibursments, incentives,bonus etc...............

Dear sirs,

Iam Senthilnathan from Chennai worked in a construction company from Oct 1099 to Sep 2914 for almost 15 years. When i submit my reignation i had to serve one month upto 30.09.15 that was my last working day. After which i was releaved from the servce with a settlement of two month salary (salary on hold) , medical, LTA and bonus and not the leave salary of 62 days. The company was denied me service/experience certificate. My last PF subscripttion was paid by the company in the month March 2015 after which i got my PF settlement (after 7 months ) and  I am yet to get my gratuity also.

I request your goodselves to help me how to get my leave salary, service certificate and gratuity from the compnay.

Regards,

D.Senthilnathan

Hi Sameer,

As per your information, you cannot proceed under the Industrial Disputes Act because you will not fall under the category of workman. According to me you will have to proceed under the Gujarat Shops and Establishments Act. I could not find the soft copy of Act online so will be unable to guide you as to the relevant provisions. But you should contact a union office as they are the ones who file claims on behalf of employees. Otherwise a lawyer in Gujarat should be able to help you file your claim. If others have also filed labour law proceedings against the organisation, you should join hands with them. 

 

As far as your relieving letter is concerned, you can send a notice to the organisation demanding the same so that court knows that you have taken steps from your side. 

 

Anshula Grover

 

@ D.Senthilnathan,

 

This threads explains all the steps in detail that you can take.

 

 

Follow the step by step advices of experts given above which are exhaustive.