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Venugopala Reddy (Senior regional Manager Business Development)     08 December 2010

Holding Salary without notice

Dear All Advisors.,

I was an emloyee of NBHC Ltd , and they did held my November salary without any clue and after 15 days they were asked me to resigne from the service. And for those days they have not even disbursed my travelling expenses. Till today they have not so.I had requested several times via emails and no response.But very recently I got a mail from their VP[BD] asking for Client account settlement , but due to the mesh created by their own accounts dept the accounts of almost all the clients is showing dues , but in fact the last transactions were done based on the Head Office permission in consultation with Accounts Dept regarding client recevables. And more over whatever the info I had in the official mail box is deleted and I am handicafed.

Kindly advice me how to act on

1. To receive my Salary and other expenses

2. To get releved me from the services ?

 

3. Can I take legal action against this company ?



Learning

 3 Replies

Kirti Kar Tripathi (lawyer)     09 December 2010

It depends what was your nature of job and what was your salary, in case, your covered with the definition of workman, you can take remedy under ID Act, for claiming your dues you can file application under Section 33-C(2) of the Act and for termination, you can raise industrial dispute under Section 2A of the act. The remendy to claim salary is also available under Payment of Wages Act, in case you salary os less then 6500/- P.M.. otherwise you have to seek remedy in Civil court. by filing Civil suit. In Civil Court you can not get reinstatement but damages for termination can be claimed. The letter of employer asking settlement can be treated as termination letter. 

Venugopala Reddy (Senior regional Manager Business Development)     09 December 2010

Dear Sir.,

Thank's a lot for replying me.

The duties I was handling Business Development and I was the Head of a cluster.The business was Collateral Management services[Warehouse Pledge loans for Agri Produce for farmers and Traders].My salary was Rs.588500 per annum.Infact they were demanded my resignation after holding my salary of November 2009 , due to lot of pressure from the company i did resigned on 17 december 2009 , and then I was asking for settlement of dues.

Sir can they stop salary without information. I was a sincere and hard worker and have no black mark in my tenure with that company.

Kindly advice me to take further course of action.

Kumar Doab (FIN)     28 February 2011

The learned experts/members have given their valuable advice.

Company can not hold salary.

For any penultimate action notice has to be served.

You  must have undertaken official tours as per approved tour programme.

You must have the proof of incidence when you were asked to resign.

You gave up your job  under coercion and pressure.

You may quote all events in chronological order to your appointing authority.

It shall be appropriate to consult your service lawyer and your lawyer shall help you to draft the communications and build ground to get you relief.

It is belied your employer is public authority.You can obtain records under RTI, and also you can use your rapport and obtain records/docs from suppliers/colleagues.


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