Ex-employer not paying salary
Querist :
Anonymous
(Querist) 06 September 2011
This query is : Resolved
Hi Seniors,
I was working a a senior manager in a privately held company.
Can you advise, how can I recover my due salary and allowances from my ex-employer? I had properly resigned and was relieved but the employer is avoiding my legitimate claim by different excuses. Their admin has issued letter giving fictitious allegations and asking for compensation which is equivalent to my dues (they calculated like that, like claiming Rs.100,000 for using computer for personal work which is a false allegation. I have sent a legal notice to the company through a good lawyer.
My question: How can I recover the money if they remain silent or claim the fictitious amount? Also, where I have to file the case - at a court near where I live or I have to file it at a court near the company's registered office? That is located in a different and far away state. Please let me know. I shall be grateful.
Sailesh Kumar Shah
(Expert) 06 September 2011
now, file civil suit. Court jurisidiction lies on, where registered office is situated.
Sailesh Kumar Shah
(Expert) 06 September 2011
are you reply letter of company, if not, do reply.
prabhakar singh
(Expert) 06 September 2011
1) you need to file suit if they do not heed to your notice given.
2) the suit will lay in civil court of jurisdiction where you rendered them services are where there registered office situates.
3)you can not file suit where you are unless the company also has a branch at that place.
Querist :
Anonymous
(Querist) 06 September 2011
Many thanks for your kind and prompt replies. I need to add the following as well.
1. I have replied to the letter of the company immediately, saying that I did not understand such vague allegation and asked for explanation. The MD replied that the admin manager ( who is based in Dhaka, Bangladesh was reporting to me as I was the company's country manager) will reply. Since I was working on Visa at Dhaka and my appointment was based in India, I was getting my salary in Indian Rupee. Therefore, I replied again to the MD saying I am not concerned who will reply but my communication will be only with him (MD) since he was my boss and the company is Indian. Hope my reply was in order. Then I did not receive any reply for 7 days hence sent the legal notice.
2. If the company does not heed to my legal notice, should the case be filed in the High Court, or a lower court? Could you please advise.
prabhakar singh
(Expert) 06 September 2011
The case would be filed in lower court, either before Civil Judge junior/or/senior division depending upon pecuniary jurisdiction bestowed upon.
Out of Court
(Expert) 06 September 2011
kindley mail papers related to ur joing agreement, and resignations , and all the letters/ notices exchanged b/w you and ur ex- employers in context to the recovery of due salary..pandeyajitabha@gmail.com
