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dr.yadav (Doctor)     30 July 2013

Fraud by employer

Dear Sir

 

I am a doctor by profession,I was Hired by a company Hajwanee's Healthcare to work as ship doctor for salary of Rs.80000 pm.Period of contract was from 20 feb2013 to 30june 2013.I was issued an appointment letter but it didn't had salary details.Another contract letter which had all the details was also signed,but they didn't issue it to me.

 

I joined on 22feb 2013 but even after completion of month of march i hadn't recieved any salary,I on 8th April emailed the company director about my pending salary for month of Feb and March amounting to Rs.98000/-.

 

Some days later he deposited Rs.50000 in my account but didn't issued any salary slip,I emailed him back that this is only partial salary and asked him for full salary and salary slip.He replied that he knows that this is only partial salary and full will be paid in sometime and salary slip will be issued when i come back to shore.

 

My project got over and i came back onshore on 27th April and went to company's office and was told that I will get my salary soon,after that I kept sending reminder email but didn't got my salary.

 

On 18th May I got email from them for going back on another ship,fearing salary delay and non payment i rejected his offer citing academic reasons.I kept sending him emails about my pending salary.

 

In month of july i started visiting his office but even after 9 visits He didn't meet me...I warned him that I'll take matter to court to which he replied that he too will file a case in court for Breach of contract since I was supposed to work with him till 30th June.

Till now my salary for month of march and april amounting to Rs.1,29,000/-is pending and last week I recieved a legal notice from his lawyer for the breach of contract.
Please guide me what should be done.



Learning

 11 Replies

adv.raghavan (Advocate,9444674980)     30 July 2013

kindly reply for the notice thru your legal counsel, and narrate all the incidents, it is unfortunate u didnot have a contract copy which u have signed.

dr.yadav (Doctor)     30 July 2013

thanks for the reply,also the reason for quitting the job was non payment,doesn't it carries any weightage???

dr.yadav (Doctor)     30 July 2013

Also in the notice he keeps referring to the contract,is there a way I can get a copy of that contract from him

adv.raghavan (Advocate,9444674980)     30 July 2013

how are you going to prove he had committed 80k for your and paid u only 50k and balance is also due, do u have any written communication with him,where he has accepted your request. if u have any such documents u can file a case in appropriate court, that u have not mentioned whether u worked in indian sea watersor in international sea waters in that case jurisdiction also differs.

dr.yadav (Doctor)     30 July 2013

Indian Sea Waters...I have email conversation dated 8th April where he accepts that Rs.50000 is only partial salary of March,also how strong is his claim of Breach of Contract

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     30 July 2013

you would have continue the service as per the contract. Only thing is you would have a send a notice for arrears of salary. 

adv.raghavan (Advocate,9444674980)     30 July 2013

u have committed to work till june 2013, u came back in april and didnot report to duty , it amount to breach of contract, and i am not aware about appoinment letter details u have with you.i am not sure how far ur email evidence will hold good in the court of law. if u are sure file a case againt ur ex-employer in Labour court ASAP,with all records u have at your disposal.

Sudhir Kumar, Advocate (Advocate)     01 August 2013

both of you have breached contact andit appears that breachstarted from their side as theconsidertation failed due to non-payment of salary.  You had a right to sue them for arrears.  But you have paractically washed off their sins by breaching contract.

Sudhir Kumar, Advocate (Advocate)     01 August 2013

repeated https://www.lawyersclubindia.com/forum/Criminal-breach-of-trust-83012.asp#.UfmCjqzQzmk

dr.yadav (Doctor)     01 August 2013

Thanks for the reply Sudhir Sir,

What should i do further..Should I just give reply to his notice or should I reply and also send him a notice from my side too or should I just pay hom off the amount and forget my due salary of 1,28,666/-

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     01 August 2013

You have a right to ask arrears of salary. Send a legal notice through lawyer.


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