Non payment of salary dues by employer
Vinay r
(Querist) 24 April 2016
This query is : Resolved
Hello, myself vinayaka, a civil engineer, I was working in a private ferm in Mysore from 3 years before I was relieved from my services 7 months back. The company dint clear my salary and allowance dues which amounted to rs 148000 even after 6 months from getting relieved. After lots of persistence and requesting after 2 weeks i was given complete clearance of the salary dues in 2 post dated cheques which got bounced due to insufficient balance. I have sent him 2 mails regarding the bounced cheques and haven't got any reply for them. Kindly suggest me what legal proceedings I can go for to get my salaries from the employer.
Thank you
Vinay r
(Querist) 24 April 2016
Even the company has deducted IT from my salary and haven't paid that amount to the government, which I got to know when I approached to claim from my savings.
P. Venu
(Expert) 24 April 2016
You can file a case of cheating as well as proceed under Section 138 of the Negotiable Instrument Act.
Kumar Doab
(Expert) 24 April 2016
Agreed with Expert Mr. Venu.
While posting such queries post the basic information e.g;
What is the notice period mentioned in notice of resignation tendered by you, and in appointment letter?
Is it stated in appointment letter that employer and/or employee can tender notice pay in lieu of notice period?
What is this establishment; Commercial/Industrial?
What is its line of business?
What is your designation and nature of duties?
You are located in which state?
The Redg.,reporting,HO is in which state?
What was last drawn salary?
Did the company issue acceptance of resignation, FnF statement, service certificate, relieving letter etc
Rajendra K Goyal
(Expert) 24 April 2016
Send notice of cheque bouncing and file complaint in the court u/s 138 NI Act. Discuss with local lawyer.
If you have statement of IT deducted (TDS) lodge complaint with the Income tax department.
Dr J C Vashista
(Expert) 27 April 2016
Nothing more to add. Well advised by experts.
