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money hold by previous employer

(Querist) 03 August 2009 This query is : Resolved 
I had worked -[3 yrs 11 months] with my last co and resigned on Nov 2008.
we had one salary component, as a part of CTC, which we were suppose to get after every quarter based on your performance. Apr-Jun [08], Jul -Sep [08], Oct-Nov[08] were not released till i resigned comany in nov 08.
Now after 8 months they have done my FnF. what gave me cheque of 29,x x x. they had cut 65, x x x because i had not served 90 days notice. That's fine. But they had not given me that pending quarterly money, which amounts to 95, x x x.
i want to take a legal route for this. What options do i have?
Kiran Kumar (Expert) 03 August 2009
u ve got a good case.

contact some local lawyer practising in the field of Labour Law.

get all the documents along with, he will prepare legal notice for u and if necessary will contest the further proceedings as well.
Manish Singh (Expert) 03 August 2009
file a suit for recovery.
nilesh (Querist) 03 August 2009
how?
do you know someone in Mumbai [as i am from Mumbai]....?
how much can it cost me? [approximately]...
Advocate SK Rohilla New Delhi (Expert) 03 August 2009
SIMPLE-NO MONEY-ABSOLUTELY FREE

File a Complaint to Labour Inspector with a copy to Labour Commissioner and Director of Company.

If complaint is not entertained by Labour Inspector. Than make a complaint to Labour Commissioner in writting.

If above fails, file recovery suit in court of law by hiring a good lawyer.

nilesh (Querist) 03 August 2009
Thanks for guidance.

Is there a site or a email or phone number so that / to whom, i can submit my petition...
Manish Singh (Expert) 05 August 2009
To be consistent with the answers provided above, you must keep in mind that you must fall under the definition of workman under the Industrial Dispute Act and prima facie, you are not under the said definition. so moving up to a labour commissioner shall not bring any fruit to as you are not etitled to seek remedies under the Act,
you may file suit for recovery.
nilesh (Querist) 05 August 2009
how?
i am from IT industry. My knowledge of Law is less than minimal. Can you spell exact process and or provide contact of right people.


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