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balaji (Development Head)     08 April 2014

My employer is not paid my salaries for almost 3 months

Dear Experts,

I Balaji Pachiyappan Mani from Bangalore.  My complaint is against my employer Mr. Suresh Rao & Mr. Suresh Jain proprietor of Software Support & Management Services Pvt ltd for non- payment of salary and creating mental harassment.  I have give my resignation vide letter dated 18/Dec/2013 from the post Designation of Project Lead (role as Development Head) on the ground of mental harassment created by them and his management and at same time delay for the non-payment of salary for almost 2 and half month(November, December until 18 Jan 2014).  Though after giving resignation and visiting him personally at meeting twice on different dates, he assures me that he would clear my dues as and when the fund will be available.  It has been come to my notice that he had already paid salary of remaining staff till the month of Feb 2014 and with holding my salary.  Many times, I sent mail to the office along with my queries on my dues, they totally refused to disburse my salary for the month of November, December 2013, Until Jan 18th 2014.,  based on the fact that appointment letter contain a clause that I were suppose to give my formal notice of resignation before a month or salary in lieu thereof.  I have put the following point below for defending myself, are they valid!
 
The point which was put against for non-disbursement of last year November, December, until jan 18 2014 as per my notice period (but they are telling me has terminated my service.  I told them properly resigned and I haven’t received any termination mail or escalation mail) is totally baseless based on the first fact that my resignation was based on mental harassment created by them and his management and no doubt delay in the reimbursement of salary for almost two and half month.  We can check my official bank statement to prove myself.  The second fact is that prior to several years there was no system in his company to issue salary on time and paying income tax and professional tax to tax department from employees salary at all.  that totally reveal his Negligence of duty. 
 
The Third fact is that the appointment letter were not issued at the time of appointment rather it was issued after 1 month after my appointment, which totally reveals his intension to curb the salary of the employee based on the clause in appointment letter as many employee were leaving the company because of two reason -mental harassment and non-payment of salary.  The fourth fact is that the Relieving letter is totally invalid, because the date of relieving mention Dec 26th 2013, but I have served notice period until 18th jan 2014.   His past record with regard to employee turnover totally reveals his callous behavior and intension of curbing salary of employee.    The fifth fact is that they making all issues to every existed and current employees so that lot of employees resigned from the organization.
 
 
As per software company policies employees eligible to work 9:30 a.m to 6:30 p.m. only   but they made me work for overtime and Saturday, Sunday.  
 
Kindly please advise me for my dues and other claims what I mentioned in above.   I have enough evidence to prove it at the same time i approached labour officers they have given notice but no response from their side and i informed to police also.  Police says can't register case but i known they have taken some action but no usefull cause of company admins shut them by their corruption.
 
Kindly please advice me and give me some solutions for these... due to financial problem I am helpless now... please advise me...
 
Your Obediently,
 
Balaji P Mani,
+91.9900085882


Learning

 1 Replies

Kumar Doab (FIN)     08 April 2014

Repeated query, addressed at:

 

https://www.lawyersclubindia.com/forum/My-employment-is-not-cleared-my-dues-after-resignation-99319.asp#.U0O830eBmXU 


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