Renu Kundu (HR Executive) 16 November 2012

Nhrda denied salary

Hi my name is renu, i joined a company named NHRDA Add:- 432, kakrola housing complex, dwarka mor, new delhi on 12th september 2012 as HR Executive.

Company took Rs.2500 in advance for joining(written in offer letter) which they told me that it is refundable & will refund in the form of Rs.500 per month. I was hired on Rs.5000 as fixed salary with Rs.15000 as variable component, i accepted this offer & started working with this company.

On company behalf we started hiring for a company named as MTEL SOFT SOLUTION(which is also a fraud came to know later), as per policy in the job contract i have to hire 40 candidates for this company in a month & on every hiring i was promised to get Rs.375.

We were bound to collect Rs.3500 from each candidate in favor of selection in MTEL SOFT SOLUTION (which never exist in physical only on papers) When i got to know this that every thing is fraud in NHRDA & MTEL SOFT, i talked to my boss Mr. Pankaj Kumar & Mr. Raj & finally proposed my resignation to them & asked for my fixed salary for the month Rs.5000 & the payout for 13 hirings & Rs.500(from Rs.2500 refundable) & Rs.1500 as TA/DA (went to bahadurgarh for hiring in a college named PDM engineering college on 8th Oct 2012) Total payout Rs.11875 but when asked they denied every thing & refused to pay any amount to me but when me & my colleagues(Rohit, Arun, Angrej, Swati, Ruma, Poonam, Jitendra & Neha) went to them & threatened them then they paid us hey via through cheques.

I was paid Rs.8900 by Mr. Dheeren(director of GNXT Solutions & son of Mr. Raj) in the form of bearer cheque issued on my name ( The Shamrao Vithal Co-op. Bank LTD, Nehru Place, Cheque no. 010711, dated 10th November 2012) but when i presented this cheque to my HDFC Bank, after two days they told me that the there is stop payment on the cheque & they can't honer the amount of Rs.8900. When contacted to Mr. Dheeren regarding this he sent a notice to our email id & told us that there are 2 laptops & 2 mobile phones missing from the office & we are the culprits so he stopped the payment of the cheque issued to all of us.

So now request you to interfere in this case as these persons are fraud & are still continuing their fraudulent activities with a new staff.

Waiting for assertive & prompt response from the concerned authorities.

I certify that details mentioned are correct to the best of my knowledge & the supportive documents can be presented if asked for.

Thanks & Regards

Renu Kundu

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3 Replies

Kumar Doab (FIN) 16 November 2012

All of the affected employees may join hands and approach a competent and experienced labor consultant/service lawyer and proceed under expert advice. Let your lawyer structure and draft anything to be submitted in writing to this unscrupulous employer.

If the companies are fraud you have been forced to collect funds in the name of fraud companies and you must be careful.

If this office is under CCTV surveillance you may demand copies of CCTV footage of particular dates, after consulting your lawyer.

Wages shall have to be paid.

In a given situation employee can invoke the provisions of Industrial Employment Standing Orders Act, ID Act, Se Act, Factory Act, Payment of Wages Act….. as per explanation of employee under these enactments or approach a civil court.

SE Act Delhi is enclosed.

Attached File : 812710564 delhi shops & establishments act, 1954.pdf downloaded: 92 times

Renu Kundu (HR Executive) 19 November 2012

thanks a lot for reply sir.

I just want to know what i have to do now ?

Kumar Doab (FIN) 19 November 2012

Approach a competent and experienced labor consultant/service lawyer, with all documents, and give inputs in person and proceed under expert advice.It shall be better as your lawyer can give you inputs on what should be your reply and defence to the charges of the company whihc may be flimsy but crafted to subdue you so that you do not approach any authority to claim your rights and wages and docs.

Take the help from good trade union leader.

or if you feel you can handle the matter on your own, you may discuss with elders in the family, competent and experienced well wishers, trained legal mind in your acquintances and lodge a complaint.

In a given situation employee can invoke the provisions of Industrial Employment Standing Orders Act, ID Act, SE Act, Factory Act, Payment of Wages Act….. as per explanation of employee under these enactments or approach a civil court.

https://delhi.gov.in/wps/wcm/connect/doit_labour/Labour/Home/

https://delhi.gov.in/wps/wcm/connect/doit_labour/Labour/Home/Contact+Us/

You may please address your queries to:

OFFICE OF THE LABOUR COMMISSIONER GOVERNMENT OF N.C.T. OF DELHI 5, SHAM NATH MARG, DELHI - 110054. Tel No.: 011-23961272 Fax: 011-23962823 E-mail Address:jlcadmlab@nic.in

https://delhi.gov.in/wps/wcm/connect/doit_labour/Labour/Home/Shops+and+Establishments+Inspectorate/

Shops and Establishments Inspectorate

Question.3	What is the set up for enforcement of this Act ?
Answer	The Act is enforced through the Chief Inspector of Shops (CIS) and various inspectors under the Act, who are posted in nine districts of the capital who function under the supervision and control of Dy./ Asstt. Labour Commissioners of the concerned district. Chief Inspector functions under the supervision of Dy. Labour Commissioners (CIS) who in turn functions under the supervision of LC.