Fraudulent company not settling dues
Raja Barari
(Querist) 11 December 2015
This query is : Resolved
Hello Sir,
I was working at a company called Vrisini infotech from Jun '15. At beginning they promised me a salary of 35,000 per month. After 1.5 months they paid me only 8000. At the end of 2 month they paid me another 8000. After 2.5 months they asked me to leave immediately and said they will clear my dues by Aug '15. But till now they haven't cleared my dues and they are telling me "can you prove that you were an employee of vrisini". How can i take action against them ? I have email from company MD that i have joined vrisini and i am their employee.
Advocate Kappil Cchandna
(Expert) 11 December 2015
Sir,,
Email is a good proof.... You can serve them a legal notice and recover your money ...
Warm Regards
Kapil Chandna Advocate
9899011450
Advocate/CS Sanjeev Kataria
(Expert) 11 December 2015
e-mail is the proof, you can file an application under section 33 (c) (2) Industrial dispute act 1947 for recovery of your salary.
Rajendra K Goyal
(Expert) 12 December 2015
Have they informed in writing?
Send notice towards your claim.
Kumar Doab
(Expert) 12 December 2015
You may approach employees/IT-ITeS employee's/Trade union leaders, an able labor law consultant and yor counsels may opine that you can file both civil and criminal complaints and virtually put your foot on tail.........................in case of such unscrupulous employers.
Did you record such calls, meetings?
Drive the discussion in a manner and record.
K.S.Srinivas
(Expert) 14 December 2015
E-mail from the company MD is a proof. Issue legal notice for settlement of the salary arrears.
Raja Barari
(Querist) 15 December 2015
How do i send a legal notice to them. Can you send me any kolkata based lawyer contact whom i can approach for help.
K.S.Srinivas
(Expert) 15 December 2015
Find out from Kolkata High Court Advocates Association.
Kumar Doab
(Expert) 15 December 2015
LCI Expert Mr. Devajyoti Barman is from Kolkota.
You can access him thru his profile.
It shall be discretion of Mr.Barman to counsel you.
T. Kalaiselvan, Advocate
(Expert) 19 December 2015
You may proceed as suggested by experts which shall be the proper steps to be adopted by you under this situation.
Raja Barari
(Querist) 21 December 2015
I sent mail to Mr. Devajyoti Barman last week but no reply till now. I consulted another lawyer friend of mine, he says without appointment letter it's not possible to send them legal notice. Mail from company COO will not help.
Any suggestion how to proceed.
Guest
(Expert) 21 December 2015
You have not stated anywhere that you have any documentary proof in support of your salary of Rs.35000/- pm. Notice to company will be useful only if you have some documentary proof showing that the company appointed you on a pay of Rs. 35,000/-. Otherwise, you will be struggling in vain.
Guest
(Expert) 21 December 2015
You have not stated anywhere that you have any documentary proof in support of your salary of Rs.35000/- pm. Notice to company will be useful only if you have some documentary proof showing that the company appointed you on a pay of Rs. 35,000/-. Otherwise, you will be struggling in vain.
Kumar Doab
(Expert) 21 December 2015
You may approach employees/IT-ITeS employee's/Trade union leaders e.g : CITU/INTUC/AITUC/BMS etc , and go thru West Bengal Shops & Estbs Act and gather evidence.
As per the Act it may not be mandatory to issue appointment letter but as per the West Bengal Shops & Estbs Rules many registers are to be maintained.
Did you sign the receipt of partial payouts?
What was written on receipt?
Your union leaders and counsel can guide you further.
Raja Barari
(Querist) 21 December 2015
There was no receipt for partial payouts. It was done through bank transfer.
Raja Barari
(Querist) 23 December 2015
Can i approach the labour commissionerate office in Kolkata ?
Kumar Doab
(Expert) 23 December 2015
You may approach employees/IT-ITeS employee's/Trade union leaders e.g : CITU/INTUC/AITUC/BMS etc ,
Inspector appointed under: West Bengal Shops & Estbs Act (if you are covered by the def of employee in the Act)
O/o Labor commissioner (state/central as applicable in your case) if you are covered by the def of workman as in the ID Act)
Your counsel can guide you appropriately.
You may inquire at Labor court,CGIT,civil courts,HC and you will come to knwo about the few counsels specializing in labor-service matters that practice in Kolkota.
Raja Barari
(Querist) 30 December 2015
I submitted a written complaint at the labour commissioner office kolkata today. They said they will look into it and get back to me in 1-1.5 months. Lets see what happens.
