can i fight case in court

Dear Nilesh,

1. You can file a civil suit for recovery. If your previous employer is a "state", you can also file a writ petition.

2. You can fight it on your own. Parties can appear in person.

3. No Time frame for disposal can be indicated.

 what do u mean by "state".. my previous co is a pvt ltd co.

i stayed in that co for around 4 yrs. strength of my co was 250+ resources. still we never had a PF.

Can i also claim for PF now.

I am from Mumbai, How, where, which court should i approach to?

Thanks ...

 Well Advised i Agree......

 Yes so u can file a civil suit for recovery and plead on you won which means u can present the case and appear on your own.

Thanks Meenakshi ..

 how do i do it? 

 which court in Mumbai should i approach to?

 Debt Recovery Tribunal in town D-10 2nd Floor, 6th Floor Vaswani Mansion

Marine Lines, Mumbai, Maharashtra 400020

Dear Meenakshi,

This matter cannot go to DRT. He will have to go to the civil court.

Dear Nilesh,

For definition of state please see Article 12 of the Indian Constitution. I would advise you to consult some good lawyer rather then doing it yourself. Show him your appointment letter/company rules and discuss with him what you intend to recover as "dues".

Regards,

Amardeep

 DRT is meant for recovery of bank loans.

Write to PF Commissioner complaining against the company. Give proof that you were employed from what date, no PF deducted from your salary nor company paid its due. Did you pay profession tax? If not, write to the Commissioner of Profession Tax, 6th Floor, Suburban Vikrikar Bhavan, Bandra-Kurla Complex, Bandra East, Mumbai-400051. Also complaint to the Registrar of Companies, EVEREST, 100 Marine Lines, Mumbai-40002 that the company is in violation of various laws. Also write to the Labour Commissioner that the company has not paid your salary. Keep all original documents handy - appointment letter, salary slip, details of cheques, any memo issued to you any paper that can prove that you were a regular employee of the company. Write to Ministry of Labour, Sharam Shakti Bhavan, New Delhi-110001 also. Go on making complaints against the company. It will come to senses. Of course you can file a civil suit. You must have documents to substantiate your claim.

 You can contest your case. Better engage a lawyer.

Hi Nilesh

       if  ur employer is not giving legally entitled dues from ur service with the company, then u should file case in labour court under section 33C(2). before filing case make sure that u have proper documents to prove ur entitlement, also ur dues must be ur service benifits. Normally labour courts will dispose this sort of cases very quickly

Meenakshi ji,

Debt Recovery Tribunal is no more at the address mentioned by you.  It is at present located at Scindia House Ballard Estate.

Thanks for sharing. 

As I was reading Bombay High Court site, I came across ADR, and thought why not give 1 more chance to my Previous Employer. So i emailed to him y'day, saying let's meet and solve this. But, not to my surprise, there is no reply yet. [Why Ego of Big people is so BIG?].

so, now i am left with no option than to fight my case. To your surprise, that co is a CMMI level 5 co.!!! Suppose to be process driven !!! 

I am searching good lawyer. If you know some one let me know. 

 I had send him notice via Advocate, to which he has replied that there are no dues.

so, after this, since i was a senior person in that co, i had send him a email on his office id.

Do u think, i should also send him SMS on his mobile?

 what are rules pertaining to PF for a pvt ltd Co. having 250+ resources and registered with NASSCOM? Under which clause they Co can exempt and not provide PF to employee?