Unpaid salary

BRIJESH L PATEL (Querist) 01 July 2014 This query is : Resolved
Dear Sir,

Myself is working in a public limited company since March 2008.

Salary is unpaid since January 2014 to till date. Company states that, due to unavailability of FUNDS we are not able to disburse salary.

Request you to guide me regarding what legal actions/procedures can be taken for our unpaid salary.

Hoping for a positive reply.

Regards

Brijesh L. Patel.

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BRIJESH L PATEL (Querist) 01 July 2014
Pls give your valuable advise

Devajyoti Barman (Expert) 01 July 2014
You can file civil suit for recovery of money.
You can file criminal case of criminal breach of trust.

ajay sethi (Expert) 01 July 2014
issue winding up notice for recovery of salary arrears . file winding up petition

ROHIT SHARMA (Expert) 01 July 2014
Dear Brijesh L. Patel,

1. You can keep continuing to work and if find out if the company is going for winding up under the Companies Act, 2013 then you all file an application u/s 280 (A) of the Companies Act, 2103 and institute a civil suit as under Order 37 Rule 2 of the C.P.C. code before the state National Company Law Tribunal bench in your state and the staff will be protected and their dues of salary will be disbursed by the Official liquidator.

Guest (Expert) 01 July 2014
Well advised.

BRIJESH L PATEL (Querist) 01 July 2014
Thank you sirs

Kumar Doab (Expert) 01 July 2014
Agreed with Experts.

All affected employees may join hands and approach a Labor Consultant/Service lawyer in person.

The lawyer may advise to approach Inspector Under Payment of Wages Act, o/o Labor Commissioner,also..............

BRIJESH L PATEL (Querist) 01 July 2014
Thank you sir

Rajendra K Goyal (Expert) 01 July 2014
Well advised, agree with the expert.

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