Salary not paid
MANISH
(Querist) 03 March 2014
This query is : Resolved
Sir, I Reigned from an IT Company at Delhi in Nov.2009 and all done as per rule and agreement. But company did not paid my dues still by any or any reason. My salary was about 3lac per month and total dues are about 8.5 lac. I was as Vice President there. What should do now me ?
prabhakar singh
(Expert) 03 March 2014
Salary becomes due and payable month to month.On facts stated all dues must be prior to year 2009.
The limitation prescribed to bring a suit is three years from the date of dues.
If the company has acknowledged the dues in its' communications made with you with in three years from the date of dues then limitation shall get extended for a further period of three years which is not clear from the facts stated.
There is one more way to get limitation extended in case it has gone barred.Try to obtain a letter from the company stating your salary dues along with an express promise to pay by a particular date and in case the company does not pay, you can file a recovery civil suit with in 03 years from the date of default of the promise.
Otherwise on plain surface of facts stated,
a recovery suit being only available remedy appears to have gone time barred.
Better visit chamber of an adept lawyer to ascertain if communications made so far has extended limitation or not.
If answer is probed in negative then continue to communicate and succeed to get a letter of dues along with promise to pay .
And do not send any legal notice of demand unless previous communications clearly establish that limitation is surviving.
Raj Kumar Makkad
(Expert) 03 March 2014
Why have you been idle since last more than 5 years? The limitation to file the recovery suit is 3 years from the last date of confirmation of the dues/debt.
You immediately avail the services of a lawyer and move ahead as earliest as possible.
MANISH
(Querist) 04 March 2014
Thanks a lot to mr. Singh & Mr. Makkad. Sir, company still has not given me full and final settelment letter, and
NO. 1,I just last month filed a Police complaint to Commissioner of Police Delhi and DCP South. On notice by IO they replied the IO in which they accepted that the dues are disputed. Will their reply to IO will extend the LImitation ?
NO. 2, they blamed me to not deposit compny assets, but I have NOC form company with me. will in this case any extension on limitation will given by court ?
No. 3, May I go Labour Court or I have to go Civil court only ?
Thank You
malipeddi jaggarao
(Expert) 04 March 2014
You are well paid employee. Engage a local lawyer who is expert in service matters. Unless all papers are seen our guidance will serve limited purpose.
Rajendra K Goyal
(Expert) 04 March 2014
Any communication to police may not help you unless gone through it and manner it is drafted and conveyed.
Better contact a local lawyer expert in service matter.
Kumar Doab
(Expert) 04 March 2014
It is emphasized that you must show all docs and records to a competent and experienced Labor Consultant/Service Lawyer and give inputs in person immediately and refrain from submitting anything in writing further to anyone including police, till it is structured by your lawyer to suit your interest.
Your lawyer may opine to obtain the certified copies of the written statement(s) of the company submitted by company or recorded by IO, thru RTI.
Now let your lawyer take charge and draft everything for you.
Have patience and let your lawyer decide the moves.
Let your lawyer decide the forum to agitate and future course of action, after he has examined the merits and possibilities.
MANISH
(Querist) 04 March 2014
Sorry to say but I want to handle it myself, I am also an Law Postgraduate. I need your valuable advise that's why I have posted on this forum. Please clarify my query as above points.
Thank You
T. Kalaiselvan, Advocate
(Expert) 04 March 2014
If you are a post-graduate in law and want to do things yourself, visit the appropriate law books once again and initiate action as per the provisions prescribed in the said law books. You must know one thing that there is no bar in consulting an expert lawyer who deals with the service related matters for his opinion to solve the issue despite you being a post graduate in law.
T. Kalaiselvan, Advocate
(Expert) 04 March 2014
If your are a post-graduate in law and want to do things yourself, visit the appropriate law books once again and initiate action s prescribed in the said law books. You must know one thing that there is no bar in consulting an expert lawyer who deals with the service related matters for his opinion for being a post graduate in law.
MANISH
(Querist) 05 March 2014
Please help by giving your valuable opinion on -
NO. 1,I just last month filed a Police complaint to Commissioner of Police Delhi and DCP South. On notice by IO they replied the IO in which they accepted that the dues are disputed. Will their reply to IO will extend the Limitation ?
NO. 2, they blamed me to not deposit company assets, but I have NOC form company with me. will in this case any extension on limitation will given by court ?
No. 3, May I go Labour Court or I have to go Civil court only ?
Thank You
Sudhir Kumar, Advocate
(Expert) 08 March 2014
prima-facie you cannot go to labour court.
Better meet an advocate with papers.
