Non payment of salary
Avinash Mishra
(Querist) 08 January 2013
This query is : Resolved
Dear Sir/Madam
I was working with a small web development firm in Delhi. On Mid of September 2012,I informed my firm that I am not going to work further with the firm(orally) and hence post 20 days i left the firm. Then i told him to clear my salary which was not paid to me since August,2012.But they did not pay and told me to come to their office and talk to the firm lawyer.I also visited the company with a lawyer and with the help of both the lawyer,it was agreed that the firm will pay me the remaining salary on 7th Jan 2013.A written confirmation on the letter head of the firm, duly signed by both the lawyer and the firm mentioning the date of payment (7th jan 2013) was given to me in the month of november,2012.But,when i approached the firm on 7th jan, they told me to talk with the lawyer of the firm. when i refused,they told me that they will not pay any money as he suffered loss due to me.
I am a layman and I don’t know where and to whom should I approach???
Kindly help me to recover my money.
Thank you
archana Shankar
(Expert) 08 January 2013
RESPCTD qUERIEST,
Do not worry. FIRST, send them a detailed letter by registered post setting forth all the facts, by enclosing the copy of the confirmation letter given to u by them . So the the ACK card will be as a valid prof.
In case, u dint receive any suitable reply , approach a lawyer & send a legal notice, oR directly give complaint in nearest police station for cheating , criminal breach of trust, and will wil get quick renedy
ALL THE BEST !
Adv Raj (High Court)
(Expert) 08 January 2013
As you have the written confirmation letter with you in the firms letter head... send a legal notice and if no response, then approach the Labour court and get it remitted with even your costs for travelling and case etc...!
Guest
(Expert) 08 January 2013
Now you need not enter in to any verbal talk either with the owner of the firm or his lawyer. Just based on the written commitment, you may send a legal notice giving some specific date to the owner of the firm for making payment of salary arrears. If he fails to pay you the arrears of salary, file a summary suit in the court for recovery of your salary.
R.K Nanda
(Expert) 08 January 2013
no more to add.
ajay sethi
(Expert) 08 January 2013
agree with Dhingraji
Raj Kumar Makkad
(Expert) 08 January 2013
I have nothing to add more in the already given detailed advice.
Avinash Mishra
(Querist) 08 January 2013
Thank you to you all.As per the valuable suggestion By Mr Dhingra Sir,I have told my lawyer to send a legal notice to the firm.
One thing i would like to ask to Mr Dhingra Sir...Sir,Even by sending the legal notice,if they don't pay,what is the appropriate forum to approach???Is it Consumer forum,Labour court or any civil court???
It is a proprietorship firm.
Raj Kumar Makkad
(Expert) 08 January 2013
If your legal notice proves a futile exercise then file a civil suit for recovery before civil court.
Guest
(Expert) 08 January 2013
Civil court, as already advised by Shri Raj Kumar Makkad.
Adv Raj (High Court)
(Expert) 09 January 2013
Its better u first approach the labour court for your backwages left.....
Raj Kumar Makkad
(Expert) 09 January 2013
A web designer do not come within the definition of a workman so he cannot approach labour court rather the remedy of civil court should be got exhausted.
