Employer not paid me salary
Naval
(Querist) 24 May 2016
This query is : Resolved
I was working with Era Infra Engg company and HO in Noida sector 62.employer did not paid me salary of 8 months and i left the company however they did not paid me single amount.my salary was around 94000/-INR.kindly help in this regards.
Kumar Doab
(Expert) 24 May 2016
While initiating such queries the querist should post the basic information e.g;
You may post the exact extract from appointment letter on termination/resignation,payment of wages etc.
What is your designation and nature of duties in appointment letter and on record/ in practice?
You were in which state ( Noted; UP)?
What is this establishment; Commercial/Industrial ?
Does it have Certified/Model standing orders and does it apply to your designation?
Are you a member of employees/trade unions?
What was your last drawn salary?
You were under probation/confirmed?
Did you get salary slips of all months, FnF statement,PF a/c number and a/c slips, ESIC card,Form16, acknowledgment of resignation, acceptance/declinature etc?
Rajendra K Goyal
(Expert) 24 May 2016
Author,
Please provide the information asked by the expert Kumar Doab.
Naval
(Querist) 24 May 2016
Dear Sir, I was appointed on 18th oct 2011 and confirmed in March-2012.i got the appointed letter with extract amount and monthly salary was around 96000/-.in april 2012 i got increment around 10000/-monthly.in 22nd march 2016 company asked me for resignation and i put the resignation on 30th march 2016. i got all clearance from the company however they did not given me full and final amount statement and amount both.i put the resignation on email and amount was pending from the company side which was approx 8 months salary and TDS which was deducted by company however did not deposited to the tax department.salary amount approx 945000/- +TDS+march month Additional HRA 7652 Rupees which was in company scope.
State is UP
My designation was Manager-Toll Operations
This is infra company and i was working on Highway project as a manager toll on NH-10.
Designation mentioned in appointment letter.last salary they given me in this may-2016 however salary given of september-15.Pending salaries are May,June,July & Aug-2013 and Oct,Nov,Dec,Jan,March-16. Last drawn salary amount 94261/-
i got the salary slip of all months,FnF statement company not giving however i putted email with my own statement.COmpany was not depositing PF ESIC as not was in my letter,Not given form 16 as many time i have requested on email for form 16, accptance of resignation i got.
We are total 12 employees have same case regarding the salary.
Kumar Doab
(Expert) 24 May 2016
As per your post:
---The company has issued salary slip of all months but has not disbursed salary.
It is fraudulent activity.
---Has deducted TDS but has not deposited it.
Lodge complaint with ITO-TDS where your file ITR and Jurisdictional CIT-TDS where company files ITR.
All affected employees may join hands and may approach an able counsel specializing in labor-service matter ASAP.
Is the company still operational?
Act ASAP before it disappears.
Naval
(Querist) 24 May 2016
Yes sir company still operational and slowly slowly they are windingup the company.we want to hire advocate who can handle all these things as we all suffered persons decided.can u suggest how could recover we our dues. Thanks for u suportive guidess
Kumar Doab
(Expert) 25 May 2016
The company's intentions are not genuine.
You have given a very long rope to employer.
Engage a very able counsel specializing in labor-service matters and ask to freeze the assets of establishment/employer/promoters, before it escapes.
Kingfisher case is an example.
Involve employee's/trade unions.
You may go thru:
http://www.lawyersclubindia.com/forum/Company-in-liquidation-77247.asp
Naval
(Querist) 25 May 2016
Dear Sir, Thank you however somebody told me that my case labor court will not accpect due to designation and high salary.where i supose to file the case?
Kumar Doab
(Expert) 25 May 2016
In that you can file:
Complaint u/s 406,420
Civil suit for recovery
Suit for damages
Winding up petition
By the way who is this person that has advised you; a labor Law consultant/Service matters lawyer/Lawyer/law firm etc?
It shall be better if a seasoned counsel examines and opines.
Naval
(Querist) 25 May 2016
Dear Sir,
Advised given by a Advocate in Gurgaon (Haryana) as per him designation and package which i have i can not case file thru labor court.however i will take action as advise by you in above. thankyou
Kumar Doab
(Expert) 25 May 2016
All employees may not have consulted an able counsel.
The advocates opinion might be for you only.
You were at Gurgaon or Noida/UP?
Which is the location of jurisdictional courts inserted in appointment letter?
Prefer a labor Law consultant/Service matters lawyer/law firm specializing in labor-service matters.
Your counsel may opine to consider summary suit as well.
There are many threads on similar query in both Experts/Forum sections at LCI that you may search in 'Search Q & A'/'Search Topics & Posts' option on Right Hand Side e.g;
http://www.lawyersclubindia.com/search_results_custom.asp?dir=experts&q=Vice+President+succeeded+in+winding+up+petition&B1=GO
http://www.lawyersclubindia.com/search_results_custom.asp?dir=forum&q=Vice+President+succeeded+in+winding+up+petition&B1=GO
http://www.lawyersclubindia.com/forum/Summary-suit-or-winding-up-petition-96377.asp
Naval
(Querist) 25 May 2016
Sir, I Company office is in Noida, appointment letter from Noida office.
Kumar Doab
(Expert) 25 May 2016
Which is the location of jurisdictional courts inserted in appointment letter?
Where are you located now; Gurgaon?
Does past employer has an office at Gurgaon?
Where is Redg. Office of the company; Noida or somewhere else?
Naval
(Querist) 25 May 2016
Sir,Jurisdictional court in Delhi as during the my joining time office was in delhi after that they shifted in Noida.i am located in delhi.employer office is in Noida sec 62 and sec 3. Reg. office is in Noida.
Kumar Doab
(Expert) 25 May 2016
Did you mention in notice of resignation/final resignation, subsequent communications that you are not being paid earned wages and promised amounts and this is breach by employer and hence you are unable to continue and is resigning?
Does past employer has an office at Delhi?
Naval
(Querist) 25 May 2016
Yes sir, They asked me for forcefully resignation on 22 march 16 and put resignation on 30th march 16. Employer is the same but they changed the office address delhi to Noida.
Resignation letter language as under which i submitted to company:-
(HR Head)
Era Infra Engineering Ltd.
C 56/41,Sector62
Noida-201301
0120-4145000
Thru:- Mr. Manish (HR Manager)
Sub:- Resignation Letter
Dear Sir
As requested by the company during our last meeting on 22nd -Mar-2016, citing financial and administrative problems at the company, I am hereby resigning from my position (Manager-Toll) with the immediate effect, on mutual understanding.
In addition, I have handed over all my responsibilities to concern personnel at site and have received the clearance certificate from the Site office (WHHPPL) including HR, Accounts, Stores, IT & Project departments and scan copy of same is enclosed herewith for your ready reference.
In view of above, as a matter of practice and in good faith, you are requested to please clear all my due salary and release the form 16 from 2012-13 to 2015-16 and deposit the TDS . Account detail as are given below for your ready reference:-
1. Salary for May, June, July Aug-2013 amount is approx. 390000/- INR
2. Salary for September,Oct,November,December-2015 Approx. amount 380000/- INR
3. Salary for January,March-2016 Approx. Amount – 170000/-INR
4. Additional HRA Approval for the March-16 is pending from the Authority -7652/-INR
Total amount would be approximately INR 945000/- + TDS and Form 16 for last 3 financial years.
Kindly acknowledge the receiving of this resignation letter, expedite my Full & Final settlement, Experience & Reliving letter.
Thanks Date:- 30/03/2016
Naval Kumar Kathpal
Employee code E11815
Site:- WHHPPL
Kumar Doab
(Expert) 25 May 2016
It is nowhere mentioned that you are asked to resign.
Did company issue an acknowledgment in writing?
Does past employer has an office or Redg. office at Delhi?
Beyond this you need to engage an able counsel specializing in labor-service matters.
Naval
(Querist) 25 May 2016
Yes sir company given me relieving and experience letter but did not provide me FnF statment. past employer has an office in delhi. reg office in noida only.
Kumar Doab
(Expert) 25 May 2016
Winding up petition may be filed at Noida.
Other petitions may succeed at Delhi.
However engage an able counsel specializing in labor-service matters, and let your able counsel opine finally.
Have you consulted an able counsel, specializing in labor-service matters, so far?
Kumar Doab
(Expert) 25 May 2016
Even if it is mentioned in appointment letter, if applicable PF, ESIC is to be provided.
If as per your wages you are entitled then employer can be penalized.
Lodge complaint with jurisdictional PF, ESIC office.
If form 16 is not provided;Lodge complaint with ITO-TDS where your file ITR and Jurisdictional CIT-TDS where company files ITR. Employer shall be penalized.
Act fast before employer disappears or claims insolvency.
Naval
(Querist) 25 May 2016
Dear Sir, PF,ESIC was not mentioned in appointment letter and was the optional.form 16 many time i have requested to HR department but they were not responding and i filled the ITR and tax department sent me demand on my name which i am paying penalty on daily basis.
Thanks for your valuable advise sir. i am looking advocate who can take this case.
Kumar Doab
(Expert) 25 May 2016
The issue has been discussed in detail.
You need to Act before the company closes and escapes.
Kumar Doab
(Expert) 25 May 2016
Repeated at:
http://www.lawyersclubindia.com/forum/details.asp?mod_id=137577&offset=1
Naval
(Querist) 25 May 2016
OK sir thanks got it.
Kumar Doab
(Expert) 25 May 2016
It is good that you have got it.
Best Wises.
Naval
(Querist) 25 May 2016
Thank you so much sir.
Kumar Doab
(Expert) 25 May 2016
You are welcome.
Find a very able counsel specializing in labor-service matters, and let your able counsel opine finally.
Naval
(Querist) 25 May 2016
Yea sure sir, and will catch you if will need any further support :P:)
Kumar Doab
(Expert) 25 May 2016
Let us close the thread now.
Naval
(Querist) 25 May 2016
yes sir and again thank you
