Non-payment of salary

Kunal (Querist) 19 March 2017 This query is : Resolved
The case is related to Non-payment of Salary

I used to work in Brainstorm Innovation and Research Pvt Ltd. The company is head quartered in Chennai and I used to work in Mumbai branch office. I had joined the company in May 2012. However, from December 2012, the owner of the company stopped paying our salaries citing that the company is going through financial crisis and they are looking for investor to pump in fresh investment. However, in February 2013, the owner of the company terminated all the employees citing that they have failed to find any investor and are closing the business. Through email and con-call they owner had promised that they will pay our pending dues, severance pay and provide us Form 16 for the TDS deducted.
Since then, i have followed up with the promoters/ owners of the company numerous times. Initially they were responding to our emails and have kept on promising that they will release the payment soon. However, off late they have stopped responding to my emails.
Kindly let me know how should i take legal action against the promoter/owner of the company. Under what premise, should i go ahead with the legal action and what is the chance of winning the case. I dont have enough funds to appoint a lawyer and fight a full-fledged case against the company. As an individual, can i send him a legal notice? It would be of great help if anyone can share sample legal notice for the same. Kindly let me know if sending a legal notice can help me in the recovering the pending dues? What if they dont even entertain my legal notice?
I am thoroughly confused no how to go about the legal action. Kindly guide me.

Regards,

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Guest (Expert) 19 March 2017
Seems to be an academic query.

However, was there any specific reason that you did not take any legal action for the last four years to recover your salary,fnf, form 16, etc.?

Also, what about your IT return for that year without issue of form 16 by your employer?

Kumar Doab (Expert) 19 March 2017
You have posted that:

“Through email and con-call they owner had promised that they will pay our pending dues, severance pay and provide us Form 16 for the TDS deducted. “

So the Form16 has been provided to you (employees).

“However, in February 2013, the owner of the company terminated all the employees citing that they have failed to find any investor and are closing the business. ……………………………However, off late they have stopped responding to my emails. “

How late this is: off late!

Legal notice is sent by lawyer.

What is the status of the company: Closed?

Kumar Doab (Expert) 19 March 2017
While posting such queries employee should post basic information e.g;

What was/is this establishment: commercial or industrial establishment?

What is its line of business: say IT, ITeS?

How many people were employed in establishment?

What was your designation and nature of duties on records of the company?

How many persons were reporting to you?
Did you have power to sanction (not just recommend) leave/increment/appoint/terminate/appraise…………………..and did persons above you have power to change/cancel your recommendations?

Was your service confirmed or you were under probation?

Did it have its standing orders (Model, Certified) and is your designation covered by these?

What was the notice period?

Kunal (Querist) 20 March 2017
Thanks Mr P S Dhingra and Mr. Kumar Doab.

I believe this query seems to be an academic query for you but it is not for me. If you truly believe that this query is below your intellect level to reply then would request you should refrain replying to people. I am not a seasoned query raiser nor am experienced in filing complaint but i fail to understand why are you asking such questions? Does it really matter if i am raising a complaint 4 years later or how does it matter to know the structure, my role, designation, sector. I have raised a simple query. The answers has to be simple and straight forward rather tangling me in list of question.

I would suggest, if you cant guide me than simply refrain from answering.

Would suggest anyone else who can simply guide me, reply to this post.

Kumar Doab (Expert) 20 March 2017
Dear LCI Author @ Mr. Kunal,

I have not rated your query as Academic or unworthy.

Kunal (Querist) 20 March 2017
Dear Kumar Doab,

Your replies were not even helping me. I could not understand the use of these questions. At these moment i am just exploring the chance of sending legal notice and under what section can i charge him. What is the chance of recovering the money. What is the next step if he does not reply back to my notice

Just to give you more information, my grievance is with Deputy Commissioner of Labour 1 Chennai since Aug 2015; but there is no revert from them since then

Guest (Expert) 20 March 2017
Mr. Kumar Doab,

Your reaction please, as Mr. Kunal has categorically stated, "Dear Kumar Doab, Your replies were not even helping me. I could not understand the use of these questions"?

Kunal (Querist) 20 March 2017
Mr Dhingra,

You are such a senior person and everything is academic to you. I believe poking someone is also academic to you.

I am also expert in my field; if someone comes to me for any help, i will never beat around the bush and not ask question that may look non-academic.

People come here to seek guidance. Making fun of someone's grievance by saying it is academic is not a good attitude.

Thanks for your help and inputs.

Regards

Guest (Expert) 20 March 2017
Mr. Kunal,

To be frank, your post in response to my queries was quite unwarranted.

Please be aware, I prefer to help only those persons, who are really sufferers, provided I am convinced about the genuineness of the problem. I do not like helping those, who refrain from stating facts and the background of the case, or law students, who are not serious in studying their course materials and try to seek easy answers without appropriately analysing the problem by use of their own skill and analytical power and then try to prove as over-smart by making mockery of experts on their genuine queriy/ observation.

Rest assured, I am not in the habit of making multiples of long useless posts with irrelevant questions or misleading sidetracking replies with wrong advice or to complicate the problem of any querist, like Mr. Doab does usually. I also do not hide myself behind a fake ID, like Mr. Doab. I am very frank in my advice, may that pinch the querist, if he is wrong or egoistic.

About your pungent remark,i.e., "I would suggest, if you cant guide me than simply refrain from answering," rest assured, I am also not fond of wasting my precious time and energy on any academic type of question when the querist prefers to hide facts and fails to convince me about the genuineness of his problem. If you go through my post, you will observe, my post was not an answer or guidance to the problem you posted.

I simply raised two very genuine questions, "(1) was there any specific reason that you did not take any legal action for the last four years to recover your salary,fnf, form 16, etc.?" and (2) "what about your IT return for that year without issue of form 16 by your employer?" Those questions were aimed at getting myself appropriately apprised about the real problem and the reason behind that with the intention only to guide you. BUT, IF YOU DON'T WANT TO REPLY MY QUERIES AND PREFER TO HIDE FACTS, WHY SHOULD YOU EXPECT ANY GUIDANCE FROM ME?

You must realise that at legal parlance, any advice or guidance is problem specific depending upon the nature, characteristics and circumstances pertaining to the problem. Otherweise, any answer without the awareness of the background, can often mislead the querist. Rest assured, I dislike to give any wrong advice or guidance at any cost.

I always try to be precise in my advice or guidance, provided the querist convinces me about the genuineness of his problem.

Anyway, when you advised me to refrain from answering, you won't find me eager to respond to your problem, even if you reply my questions, as I am not a slave to the adhere to the directions a any person seeking free service, but keeping with his egoistic attitude.

ONE FREE ADVICE, you may or may not like. You should know, rather remember, egoistic attitude of a person suffering from some problem can't help getting right guidance, even at huge cost. Particularly, a charity seeker should always be humble.

Best of luck

Kumar Doab (Expert) 20 March 2017
Dear LCI Author @ Mr. Kunal,

If you have lodged complaint under proper acknowledgment then you were not sitting idle.

Kumar Doab (Expert) 20 March 2017
Dear LCI Author @ Mr. Kunal,

Mr. Arunagiri

http://www.lawyersclubindia.com/profile.asp?member_id=9916

Mr. N.J.S.Rajkumar

Mr. T.Kalaiselvan

are from your state/Chennai.

If you wish you can get in touch with them, in person for a considered opinion on matter at your hands and on record that you have.

Kumar Doab (Expert) 20 March 2017
@ PSD,

Double Persona/Dual personality

Member Since : 18 January 2011

http://www.lawyersclubindia.com/profile.asp?member_id=98620

Member Since : 16 June 2016

http://www.lawyersclubindia.com/profile.asp?member_id=356867

Today you have attacked 5-6 querist/authors of LCI in threads initiated by them.

Today you have attacked me from early morning to late evening in threads.

Thus you have done nothing today also other than littering your trademark nuisance again at LCI.

It is loudly visible that you are extremely perturbed and disturbed (Preshaan).

Your extreme levels of disturbance are due to your own problems with your own persona.

You need to treat these on your own and/or thru your own physicians.

Kumar Doab (Expert) 20 March 2017
@ PSD,

Out of good nature I have wished you eternal peace and sleep many times.

Kumar Doab (Expert) 20 March 2017
@PSD,

Wishing you eternal peace and sleep in this thread also.

Kumar Doab (Expert) 20 March 2017
Dear LCI Author @ Mr. Kunal,

Mr. Arunagiri does help needy querists.

If you wish you can benefit from his counsel.

I am sending you a few links.
You can pick up relevant points.

Guest (Expert) 20 March 2017
Mr. Kunal,

Just see, as I earlier pointed out about unnecessary multiple posts by Mr. Doab. He has made three continuous posts addressing you and three to me, whereas, he could convey his message through a single post each.

So, as of his undying habit,he has made six irrelevant posts, whereas he has not given you any precise advice through any of his post. He has sent you links privately, but not posted here with the fear that I would provide you hint, where he tried to dodge you with wrong advice or the link, not relating to your problem, as pointed out earlier in several threads. IN FACT, HE IS NOTORIOUS IN MAKING THE PROBLEM QUITE COMPLEX BY SIDETRACKING THEM WITH HIS VAGUE AND IRRELEVANT POSTS AND ULTIMATELY TELL THEM TO CONTACT HIS FAVOURITE LAWYERS.

Secondly, you can judge, what was the use of asking a lot of questions to you, as he did yesterday, when he was to recommend you consult other named experts. So, where his expertise has gone?

Even in his profile, he has mentioned, "I prefer to post" (NOT advice or guide).

Also, he would never oblige you to post his real identity, even if you request him hundreds of times, as he has already refused openly several times in several threads.

IF LIKED, YOU MAY ALSO TRY YOUR LUCK BY MAKING A REQUEST TO COME FORWARD WITH HIS REAL IDENTITY WITH REAL NAME AND PHOTO, AS I ALREADY HAVE IN BOTH OF MY PROFILES, ONE ON BEHALF OF DHINGRA CONSULTANCY GROUP AND THE OTHER ON BEHALF OF SSSFI. BOTH OF MY PROFILES APPEAR WITH MY REAL NAME AND PHOTO. MR. DOAB HAS NOT SHOWN EVEN HIS LOCATION IN HIS PROFILE AT LCI.

Guest (Expert) 20 March 2017
Mr. Doab, meaning by two rivers of Punjab, Satluj and Beas,

Your wish for my death, as you made, i.e., "Wishing you eternal peace and sleep in this thread also," clearly speaks of your irritation and frustration and also as if you are very much afraid of me, as I have exposed you openly.

About your misconception, "Double Persona/Dual personality" about me, it seems you are duffer also, when you can't differentiate between personalities and profiles. In both of my profiles, my personalty is same, with my real identity with real name and photo. I do not keep any fake identity, like you.

However, I am thankful to you for publicity of my profiles in order to introduce me to the readers.

By the way, WHY YOU ARE AFRAID OF POSTING YOUR REAL IDENTITY WITH REAL NAME, PHOTO, AND LOCATION IN YOUR PROFILE AT LCI?

Kunal (Querist) 20 March 2017
Hi Guys stop fighting. It gives bad impression about the pool of experts to ppl like me.

To be very frank i dont trust any lawyer. I have interacted with many lawyers in person; however their advice changes as i say i want to send legal notice on my own. I have been to labour court as well; one of my known person at labour court warned me before appointing a lawyer to check with him. As per his opinion, there are quite a few lawyers who take money from the opposition team and loose the case purposefully.

Most of the lawyers have tried to tangle me with loads of question to show how complicated the case is. But none have given me frank opinion. I dont doubt credibility of both of you; but you can understand the headache we have to go through interacting with lawyers who cant give true opinion and thus is makes difficult for me to trust any lawyer.

The idea of posting the query here was to understand which is the best way to go? Should i go through labour court or file a civil court? And what are the chances of recovering my money? What should i claim apart from my pending dues? Can i ask the company to pay for my legal expenditure, interest and penalty on pending dues?
Can i on my own send a legal notice or file a case in labour court?
If i am filing a case in labour court, the court will assign the lawyer or can i choose a lawyer?
IF court assigns a lawyer, will court decide the fees?
If i select a lawyer, how much does a lawyer charge.

These are my basis questions. I have now moved to Baroda (Gujarat). Since last 3-4 years i have tried numerous ways to get my pending dues. But since aug 2015, the grievance is stuck with Deputy Commissioner of labour Chennai and i dont have hope that they will resolve it anytime soon in future. Thus i am trying to seek legal remedy.

Regards,

Guest (Expert) 22 March 2017
Mr. Kunal,

You may better use your own wisdom to act upon, as having doubted my sincerity by raising finger on me instead of providing the requisite information, you don't need at least my advice or guidance. Still further, your latest statement reveals as if your don't rely on any lawyer or their advice, as you stated, "To be very frank i dont trust any lawyer."

So, what is the use of wasting their time, in the absence of your trust in them?

Rest assured, I am not a person to guide any arrogant person, who thinks himself to be above all and does not have the courtesy to respect those from whom he expects advice or guidance to solve his own problem.

More so, when you prefer to give direction, "Guys stop fighting," like a ring leader, monitor or a teacher of some class of students, instead of feeling any remorse on your unwarranted statement, "If you truly believe that this query is below your intellect level to reply then would request you should refrain replying to PEOPLE." You could better have concentrated on your own problem, if you thought that your problem is not of academic nature, instead of making "PEOPLE" also as part of your problem.

Before making any comment on any expert's contribution or query or giving direction to anyone, you should not have assumed the LCI or its participants, as part of your "Brainstorm Innovation and Research Pvt Ltd," to expect them to provide solution to your problem by use of brainstorming process.

To be frank, I still believe that you don't have any such problem in realty.

Kunal (Querist) 22 March 2017
Mr Dhingra,

Who started the act of arrogance first? It is you. The query must be academic and small for you. But you need to be in my shoes to understand how difficult it is for others.

And I dont live in any imagery world to create any artificial problem.

You have proved why one should not trust Lawyers by you replies and question others credibility.

I am not a ring master here. You are such a senior member and it does not look on your part to act such inappropriately.

You are a true lawyer who believes in making argument for anything and everything and knows how to play with words of common man. Hats off to you. Keep playing with our words.

Thanks and Dont want to hear from you anymore.

Regards

Guest (Expert) 22 March 2017
Mr. Kunal,

If asking a question to get additional information to solve your problem in your own interest was arrogance, you may live with your own perceptions.

You don't need to trust anyone except yourself. Since you are accustomed to brainstorming, you can storm your own brain to solve your problems.

Best of luck!

Kunal (Querist) 22 March 2017
Thanks Mr. Dhingra,

You show-cased another example of how cheap you can get by making fun of someone's pain.

Seems you have some problem... ohh got it you are such an academic/robotic person whose programmed to play with words and present any baseless argument. Did you even read my first line...the word "ACADEMIC"? kya Dhingraji...u are such a senior lawyer expert in playing with words and i have pin-point the point that you have missed while presenting your argument.

Anyways, i will find my way. Best of luck to your clients

Guest (Expert) 22 March 2017
Artificial pain is easily identifiable, when a sufferer does not find any background to explain, as you did.

In fact, in most of the cases, even real pain is gained by a person with his egoistic and arrogant attitude in any organization, like you, or when he thinks himself to be super intelligent over all of his colleagues and even superiors also. Otherwise management of every organization prefers to work rationally and peacefully if not disturbed due to arrogance or the stubbornness of the employee.

Even pain acquired so has also some solution, but that becomes a remote due to persistent arrogance and stubbornness of the fellow, who seek help, but has no humanistic humble approach.

About fun, people like you surely make fun of even charitable services, like you preferred to do. My clients never get disappointed and also never anyone gets arrogant with me irrespective of his social, professional or official status.

Anyway, best of luck, if you really have any such problem.

Kunal (Querist) 22 March 2017
hahahahahahahahahaha... u must join TKSS as Mashoor Vakil

Guest (Expert) 22 March 2017
Doubtlessly, you qualify for that position, as everything is fun for you.

Kunal (Querist) 22 March 2017
Wow.. nice shot!!! Selected

Non-payment of salary

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