Raman Chauhan 26 September 2016
Amit Mahajan (RH-Legal) 26 September 2016
Dear Raman,
Consult a lawyer for legal notice to the company, basis on your appointment letter. You may even seek harrassment and delayed ineterst over the same.
Regds
Amit Mahajan
Adv
Raman Chauhan 26 September 2016
Thanks a ton Amit Mahajan!
Nitish Banka (lawyer) 26 September 2016
Dear Raman,
You need to file complaint in the labour court and claim the amount with interest.
Warm Regards,
Adv. Nitish Banka
9891549997
Amit Mahajan (RH-Legal) 26 September 2016
Labour court will not entertain, Employer is a Private limited company and employee doesnt fall under the definition of wage earner / Labour
Raman Chauhan 26 September 2016
@Nitish Banka thanks for paying attention,I have already file complaint in the labour court.
Yes @Amit Mahajan you are right "Private limited company and employee doesnt fall under the definition of wage earner / Labour".Even labour officer who visited to my previous employer Appsquadz,he was also telling the same.
I think now i should Consult a lawyer for legal notice to the company as Amit Mahajan suggested.
Amarjeet 26 September 2016
Hi Raman,
I suggest you to file a court case against the company.
I was also facing a similar problem with some Private firm. I waited for 3-4 months and went to their office a lot of times. But every time was an excuse.
Then finally put my papers in court. Although the case took a while to complete but I was able to get all the money with Harassment compensation.
So if your old company doesn't cooperate, then you can also do the same and get the claim.
Raman Chauhan 26 September 2016
Thanks a lot Amarjeet,Glad to know you received your FNF settlement.
Kumar Doab (FIN) 26 September 2016
" "Private limited company and employee doesnt fall under the definition of wage earner / Labour".Even labour officer who visited to my previous employer Appsquadz,he was also telling the same."
It is grossly wrong.
You have not mentioned; What was your designation and nature of duties!
Approach a very abel counsel specializing in Labort/service matters ASAP.
Has the Labor Inspector files any report?
YOur counsel may opine that;
You can lodge complaint;
With Inspector appointed under Uttar Pradesh Dookan Aur Vanijya Adhishthan ( UP Shops & Estbs Act)
Inspector appointed under Payment of Wages Act
O/o Labor Commissioner
Civil suit with damages
Complaint u/s 406,420
Winding Up petition
Many of the IT/ITeS employee's/Trade Unions can support you.
Raman Chauhan 26 September 2016
I was PHP Team Lead in previous company.
Job profile was Client Communication,Leading PHP and Development.
I got number of Mr. R U Yadav from labour court,who is currently handling Noida Sec-63 H-block region.He has visited to Appsquadz and assured me i will get salary.But he is not feeling well from last week as we had short phonic conversation.
I will have to ask has he files any report.
I would like to thank you for the useful information you have provided.
Kumar Doab (FIN) 26 September 2016
There are many IT/ITeS employee's and have affillaited Trade Unions and have doen a good job.
They may try to square off your dues by notce pay as inserted in appointment letter.
However you need to press that in such case notice period/pay has lost its sanctity and is void.
Moreso if you are covered by the def. of 'Employee' as in the UP Shops & Estbs Act the notice pay for employee is not more than 15days.
Moreso if you are covered by the def. of 'Workman' as in the ID Act then the Act does not lay any notice period for employee.
The Payment of Wages Act does not discriminate between 'Workman' and 'Non Workman'
Raman Chauhan 27 September 2016
Again Thanks Kumar Doab
Kumar Doab (FIN) 27 September 2016
You are welcome.
Raman Chauhan 18 October 2016
I have consulted a lawyer,who basically deals labour issues.We have registered complaint at Labour judge office.My lawyer told me about first hearing that will be held on 7 Nov,16.Now All i can do is WAIT!.
Kumar Doab (FIN) 19 October 2016
You could have involved the unions also.