Cheating firm of contractors not paying salary
Querist :
Anonymous
(Querist) 08 February 2011
This query is : Resolved
I had taken up employment with a firm owned by a lady without being aware of their cheating nature and which has cheated many vendors of huge amount and left the job due to non payment of salary. I have appointment letter and have sent mails asking for money but there is no response. Pl. advise how to get the salary from such thug employer.
Kirti Kar Tripathi
(Expert) 08 February 2011
To receive salary is the right of employee, who render his services under an employer and employer is also under obligation to make payment. In your case, you have stated that you were contracted employee. Thus contractor as well as principal employer both are under obligation to ensure payment. In case, contractor fails to make payment to its employee, it is the responsibility of principal employer to pay the same and indemnify the same from contractors's payment under the law. Thus you can file case against both contractor and principal employer to whom you wored through contracor.
Querist :
Anonymous
(Querist) 09 February 2011
Sir, Thanks but you have misunderstood. The pvt. ltd. co. with whom I worked is in contracting business and it had issued appointment letter mentioning salary etc. Your suggestion of filing a case will cost much more than salary amount. I am looking for alternate solution. Pl. guide.
Parveen Kr. Aggarwal
(Expert) 09 February 2011
First you serve a legal notice making demand of your dues. In case the payment is made upon service of legal notice, you will not have to file a case.
Kirti Kar Tripathi
(Expert) 09 February 2011
In that event you can file application under Section 33-C(2) of the Industrial disputes Act against your employer. No court fee is required nor you need assistance of counsel.
Parveen Kr. Aggarwal
(Expert) 10 February 2011
Mr. Tripathi,
The provisions of Section 33-C(2) of the Industrial Disputes Act, 1947 are applicable only if the employee is covered under the definition of "workman" under the Act.
Querist :
Anonymous
(Querist) 10 February 2011
I was in staff cadre and so presume section 33-C(2) does not apply in my case. Pl. suggest alternate method.
Kirti Kar Tripathi
(Expert) 10 February 2011
if you were in staff cadre, section 33-C(2) of I.D.Act will apply. No problem, you are workman under the Act.
Querist :
Anonymous
(Querist) 14 February 2011
Sir, Thanks again. Where do I lodge my complaint in the a) labour Court or 2) Small cause Court ? Also I am worried it will take years for the verdict and I may not live till then?
