Employer not giving my salary
Nishant Gupta
(Querist) 14 July 2016
This query is : Resolved
Dear sir
I am working in a big corporate firm. I am on notice period. On my resigning month I forgot to fill the online time sheet which is for company record if the employee came to office or not. Now my employer is refusing to pay my salary for may month. Also when I joined it is mentioned in my offer letter that my notice is one month ,but they are compelling me serve three months because they have recently increased the notice to three months. Please help me how can I get back to them. I have logs and mail as well to prove that I was in office.
Thanks
Devajyoti Barman
(Expert) 15 July 2016
Well, it is not clear whether they have increased the notice period with your consent or not.
If not then you are not bound by the subsequent increase.
Now for withheld salary you can lodge complaint with Labour Commissioner provided you fall under the category of workman.
If not then file criminal case of cheating and criminal breach of trust.
Rajendra K Goyal
(Expert) 15 July 2016
Claim your salary through humble but clear demand that you were present and entitled for the salary.
If no action discuss with local lawyer for further legal action.
Kumar Doab
(Expert) 15 July 2016
Repeated at:
http://www.lawyersclubindia.com/forum/employer-not-giving-salary-139724.asp
Kumar Doab
(Expert) 15 July 2016
You have been adequately advised in both threads.
If you are unable to resolve on your own entrust to a very able counsel specializing in labor/Service matters and show all employment related docs on record for a considered opinion.
dr g balakrishnan
(Expert) 15 July 2016
Salary is your property right like under Art 301 r/w art 14; for technical failure of filing the time sheet you cannot be deprived of your property right , quote L chandrakumar judgement of the hon Supreme court;
if the company still refuces you can move a writ of manadamus direction under art 226 r/w art 14.
Dr J C Vashista
(Expert) 16 July 2016
If you are not satisfied with "free" consultancy service provided by experts on this platform, you should contact, consult and engage a local prudent lawyer for proper analyses of facts of the case, guidance and proceeding.
It is ridiculous to repeat same query. No reply for repeated query.
