is notice from lawyer necessary!!!!!
ASHEESH PANDEY
(Querist) 26 April 2016
This query is : Resolved
my employer not giving salary to me since last 07 months that's why I hire a lawyer/advocate. Lawyer asking me that he will send a notice from his end before issuing notice from court.
Is it necessary to send a lawyer's notice before notice from court.
H.M.Patnaik
(Expert) 26 April 2016
Are you attending your duties regularly? on what ground salary is withheld? If the Salary is withheld without any reasonable cause, you have to approach the concerned authority in writing for release of outstanding salary and
obtain necessary official acknowledgement. After expiry of a reasonable period , say 15 days from date of receipt of your application, no action is taken for release of dues, you may organise to serve a pleader's notice on your employer stating full facts and seeking release of dues within two weeks .In case , no response is received to the notice by the dateline, you may move appropriate court of law for redressal of grievance.Or else , in case you are a workman, you can file a complaint with the jurisdictional labour office.
Kumar Doab
(Expert) 27 April 2016
If the relationship is Employer-employee then pay day is fixed/promised.
Employer should supply the pay/wage/salary slip before pay day and supply payment of pay/wage/salary on fixed day.
If it is not supplied issue written communication to payroll/HR Head/appointing authority/MD asking to pay immediately and if no relief is provided say within next 3 days, appeal to say Chairman..............
If no relief is provided say within next 3 days, approach labor Law Consultant/service Matters lawyer, and seek support from employees'/trade union leaders...................and approach concerned authority as per your coverage by various enactments and appropriate forum...................
Legal Notice from lawyer usually drill sense into the heads.
