Sales commission is held up by company
santosh
(Querist) 09 August 2013
This query is : Resolved
Dear Sir
My company 's Director and MD has given verbal committment of paying me a commission on sales order . But same thing is not mentioned in my offer letter .
I have worked in this company for 1 yrs (365 days).
From April 2013 , i am repeatedly requesting them to make Commission payment which is Rs 5 Lacs .
On june 27 th 2013 , company has dismissed me without giving Notice Period . and till now they had not paid my commission , june salary , and not even given my Releiveing letter and Experience letter .
I have send them continuous mail & sms stating that they have made verbal committement of giveing commission on sales and requesting them for clearing it .
Can i make police complaint that they are not cleared my commission , since Mails and Sms is an evidence under Indian Evidence Act and also they have violated laws under Industrial Employment Act and Bombay Shops and establishment Act .
Will i get my commission
Devajyoti Barman
(Expert) 09 August 2013
Yes file a case of cheating and criminal breach of trust.
You can file civil suit as well.
santosh
(Querist) 10 August 2013
Dear Sir
Now MD is giving reason that Company has dismissed me for reason that I was using Internet for Other Purpose and not for company works.
But i was continuously asking for my commission payment right from April 01 , 2013 . No employee would like to work , if he is not given rewards as per verbal consent and also MD is making point that they have not made any written commitment.
But i have send many mails from my yahoo mail to my directors official email and also have got sms proof .
Will police accept this has a proof , but same as mentioned in indian evidence act as a proof.
Devajyoti Barman
(Expert) 10 August 2013
Yes, Police would accept such proof.
Do as I advised above.
Rajendra K Goyal
(Expert) 10 August 2013
You may file FIR and if police does not file complaint through court u/s 156(3) CrPC can be filed.
You may file civil suit also.
Raj Kumar Makkad
(Expert) 11 August 2013
Follow the short term method told by Rajender ji failing which file the civil suit.
santosh
(Querist) 02 October 2013
Sir
With reference to above matter , i have given enough time to company for clearing my payment . But today when i send the request mail .
I have got these below response from them
==========================================
YOU HAVE NOT ANY OUTSTANDING DUE TILL DATE.
ALL IS CLEAR.
THIS IS YOUR KIND INFORMATION.
ALSO YOU DO YOUR WORK WITHOUT OUR INFORMATION AND YOU MISUSE OUR INTERNET AND OPEN FACE BOOK , YOUR BANK A/C ETC.
SO YOU HAVE CHEATED WITH US.
==========================================
The above mail which i recd from the company does not have sender name below these mail , but i have got it from my director's official mail .
I want you to go through these allegation ,which is really baseless and uselss in eye of law.
Rajendra K Goyal
(Expert) 02 October 2013
Nothing more to add than advised above by the experts.
santosh
(Querist) 09 October 2013
Dear Sir
I have filed case of cheating and criminal breach of trust.
In reply company too filed case of cheating
that I misused their Computer / internet
for personal use .
Sir , does this amount to cheating .
