Please provide appropriate guidance
PRADHYUMAN
(Querist) 13 January 2015
This query is : Resolved
Respected Sir
I am working with Listed Company Delhi Based as an Company Secretary and Assistant Finance Manager form April 2014 to till date.
They not paying salary on time (always pay after 45 days) along with they paid whole salary in cash only 2 times they give cheque . All employee have same situation. Now the MD saying, when i ask for salary from him that you will resign we cant afford you and we paid your salary amount when we have, even they not giving me cheque of my pending salary
The Proof of employment that i have are :
1. Form 32 filled with registrar of company and at ROC website my name showing with Directors.
2. Attendance sheet till to date of All employee's
3. Salary calculation sheet and Leave Adjustment sheet of all employee's of each month till December 2014.
4. Offer Letter
5. Resolution of My Appointment as Company Secretary
6. Website of Company Showing my name as Company Secretary
I request you to please guide what step shall i take .I have to join new company from February 2015
I read out many article on net on as per my understanding following remedy that i have are :
1. Civil Suit : Oder 37 CPC Summary suit
2. Criminal suit : U/s
406 - Breach of trust
417- Cheating
(As at the time of appointment HR convey me that we paid salary unto 12 of the month)
420 - Cheating and dishonestly inducing delivery of property
426 - Mischief
can you please provide the guidance how i proceed
Devajyoti Barman
(Expert) 14 January 2015
You can file summary suit as well as criminal case of cheating and criminal breach of trust.
PRADHYUMAN
(Querist) 14 January 2015
Respected Devajyoti Ji
Can you please the provide me the case law that shows Unpaid salary is Breach of trust as you know Police not admit my case, else they say file a civil suit
PRADHYUMAN
(Querist) 14 January 2015
thanks for rply on my query
PRADHYUMAN
(Querist) 14 January 2015
Sec 405 of IPC Explanation 1 and 2 not applicable in my case as No PF , ESI deducted out of my salary. then how i used this section
Rajendra K Goyal
(Expert) 14 January 2015
First resign and search for alternate job to secure your earnings.
Later you can send notice for your claim. If police is not registering the case, file direct complaint to the Magistrate.
ajay sethi
(Expert) 14 January 2015
summary suit should be filed to recover salary arrears . results are faster
Guest
(Expert) 14 January 2015
The whole thing pivots around your appointment order and terms & conditions included therein, if you received any after offer letter. Resolution is merely a proposal to take you on employment.
So, better consult some local expert personally to get appropriate advice by getting your documents examined and analysed properly. Language of the documents matters much.
PRADHYUMAN
(Querist) 14 January 2015
Thank to every one for valuable piece of advice
dr g balakrishnan
(Expert) 14 January 2015
move sec 17 of indian contract Act application fraud played against you.. you being the confidential person of board, it is wiser to resign and join some other company, no point to stay and fight like a workman pls!
ADV-JEEVAN PATIL, MUMBAI
(Expert) 15 January 2015
You have merits
1. It is better to take your experience cert. to cover the gap and leave job.
2. File summery suit u/o 37 & criminal breach of trust
3. Do not disclose your new employment details
Kumar Doab
(Expert) 15 January 2015
As advised by experts you may show all docs on record including offer letter to your able service maters lawyer and give inputs in persona and spend quality time with your lawyer....
It is advisable to record evidence to establish that whenever you demanded payment of wages/salary .....you were asked to resign.......
There has to be a fixed date for payment of monthly salary and it can not be infinite or whenever........
Employees have been contemplating to file criminal complaints u/s 406, 420……………………………and to approach employer as creditors treating unpaid wages as debt on employer.
Assuming that you won’t be covered as ‘Employee’ as in Shops and Commercial Establishments Act, ‘Workman’ as in ID Act (however let your consultant/service lawyer opine finally on it) you can approach civil court, file summary suit, and also as Creditor’s of the company for liquidation and recovery of your dues.
The limitation period in your case may be 3years.
“An Assistant Vice President of the company succeeded against the employer.”
You may go thru:
Delhi High Court
Argha Sen vs Interra Information ... on 12 September, 2005
http://www.indiankanoon.org/doc/1941604/?type=print
PRADHYUMAN
(Querist) 15 January 2015
Thanks Kumar Doab ji and Adv Jeevan Ji
I will get it now i follow same as suggested above by experts
T. Kalaiselvan, Advocate
(Expert) 18 January 2015
