Salary compensation

Rajesh Chandak (Querist) 05 February 2015 This query is : Resolved
Hello Sir,
My brother he is working in one of the leading Chandigarh based company C & F which is at Akola (M.s) has a senior accountant . Due to Fraud done by Manager , company terminates my broher from job and not even giving salary of two months .Also company has accepted that there is no fault of accountant though they are refusing to pay salary. In this case what should we do to get our salary back or to lodge a complain .

Follow Query

Report Abuse

Kumar Doab (Expert) 05 February 2015
1. Does the employee have proof of having committed no fraud?

2. Did the company issue any show cause notice, conduct inquiry..................thus provided any opportunity of natural justice?

3. Did the company issue any reason in termination order?

Or the company has issued termination order or extracted resignation?

4. Who has stated that employee is not at fault? Is it verbal or in writing? Did the employee record the statement (audio/visual/witnesses/minutes ....etc)?

5. Who has declined to pay earned wages::::Line Manager/Admin/HR etc.............and is it in writing?

Has the company issued any notice of recovery........issued any FnF statement?

If the termination order is bad the employee can contest it to be called back!

If company has not pressed any charge of fraud/ staked any claim of recovery.............the company should have tendered experience certificate,relieving letter, FnF statement showing computation of Bonus/Gratuity/Leave encashment/earned wages etc...,salary slips of all months/PF number with a/c slips of all months/Form16 as per correct FnF statement , payment of FnF wages,ESIC card etc...............on last day in office.........

You may confirm did the company provide any of these?

Such establishments are covered by (Name of the state) Shops and Commercial establishments Act, standing orders......and if standing orders are not certified Model Standing orders shall apply...........and you may go thru Sec13-18...

The office in Maharashtra shall be covered by Bombay Shops and commercial Establishments Act and as per Sec;38-B if no. of employees is 50 or more standing orders shall apply.................

It is felt that in Punjab (Chandigarh) if no. of employees is 50 or more standing orders shall apply.................

Your labor Law Consultant/Service matters lawyer may opine that the person shall be covered as 'Employee' as in Shops and commercial Establishments Act, 'Workman' as in ID Act............and that in Maharashtra PULP,MRTU,can be referred..........

IN Maharashtra and Punjab trade Unions have traditionally been strong...........and can take up the matter......

Your counsel may opine that The employee

can approach ; Inspector appointed under Shops and commercial Establishments Act , Payment of Wages Act.....o/o Labor Commissioner.........