Non Payment of Emoluments
Chetan
(Querist) 21 February 2009
This query is : Resolved
Sir, My client was serving with a company on 5000/- Rs. Emoluments per month and the company also gives him TA & DA.
Now since last 8 months the company did not pay a single pai & that's why my client left the job. My client send letter to the company for payment but they didn't reply.
Now whether I can send them Legal Notice
Manish Singh
(Expert) 21 February 2009
you can send him a legal notice but can also initiate civil suit, without notice, for recovery of those earnings as well as other benefits under the employment/ terms of contracts.
Manish Singh
(Expert) 21 February 2009
you can send him a legal notice but can also initiate civil suit, without notice, for recovery of those earnings as well as other benefits under the employment/ terms of contracts.
Manish Singh
(Expert) 21 February 2009
you can send him a legal notice but can also initiate civil suit, without notice, for recovery of those earnings as well as other benefits under the employment/ terms of contracts.
pima facie the person desnt seem to be covered under the the term "workman".
AEJAZ AHMED
(Expert) 21 February 2009
Dear Chetan,
Your query is not clear on some of the following issues:
(a) " with a company "
(b) " since last 8 months the company did not pay a single pai..."
(c) " My client send letter to the company for payment.."
Can you provide the following details, to suggest you correctly:
(1) What type of ' Company ' in which your client worked as a ' Employee '?
(2) When your client Left from Job of the Company ?
(3) Did your client during last Eight (8) Months, demanded with the company in written in each and every month during last Eigh (8) Months Period, When they didn't pay salary to him ?
(4) On which date and in which month Your client sent a 'Letter' as said by you in your query; either before or after left the Job of company ?
As per me:
If the the Letter sent by your client covered all the fact, then it is not necessary to send again a Legal Notice by you.
I think, your client can file a CLAIM under WORKMAN COMPENSATION ACT.
If I am not correct, let see how our learned brothers suggest you, but before to get a correct and clear suggestions please provide the details for the above questions .
H. S. Thukral
(Expert) 22 February 2009
Every employer has to maintain certain records in respect to his employees and payment of wages is one of them. If the employee is not paid salary for a particular period, it would reflect in such records or the onus shall be on employer to prove that he paid the salary. The way out of the problem is a suit for recovery as suggested by Manish.
Workmens' compensation Act has no relevency in the case as the same applies in case of accidents in employment.
PALNITKAR V.V.
(Expert) 23 February 2009
I think clarifications required by mr. Aejaz need to be given for a complete reply.
B.B.R.Goud.
(Expert) 23 February 2009
yes, you can send legal notice and thereby initiate the legal proceedings against the employer.
