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Indu (HR)     02 August 2013

Non payment of salary/cheque bounce

Hello experts,

I have gone through the various threads posted w.r.t non payment and delay of salaries. I am also facing a similar issue in the current co. Ours is a Public ltd. Co. and it has not paid salaries to our emmployees salary for the past 4 months. As a final measure of resort we had demanded for a cheque to settle only our salary dues. We were isued pd cheques which, too, had got bounced. Effective June end all the employees have resigned but there settlements are still due. As of now its only 4-5 employees who are continuing in the service of the co. The employer had been giving dates on dates every month to settle the salary dues, which has never been materialised.Need notbe mentioned that all the statutory payments and final settlements of ex employees too are pending since 2012. It may be noted that in between the employer had paid some meagre amount of 5000-10000 to 5-6 employees. The company had also availed loans from various other sources and not been able to settle the same within the stipulated time period and thus have received legal notice for those too. the share price of the co. has fallen drastically. It may also be noted that all overhead expenses too are either not paid for past few months or paid in part for few of the vendors.

I am eagerly waiting for an expert advice to settle this issue once for all. Will filing a police complaint along with a legal notice would fetch any result?  Is the Co. preparing itself for a liquidation/Bankruptcy ?  Kindly treat this topic on priority and help me out with an expert advice.



Learning

 3 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     02 August 2013

you should contact a lawyer personally

adv.raghavan (Advocate,9444674980)     02 August 2013

file a case under payment of wages act 1936, for recovery of salary and u will get ur employer assets attached under 17A of the same section ,till your salaries are cleared.

Kumar Doab (FIN)     04 August 2013

You have posted that:

 

---------“ Is the Co. preparing itself for a liquidation/Bankruptcy ? ‘

 You may check with o/o Labor commissioner, Controlling Authority of Gratuity which may be DLC if company has filed for it……………….

 

 

THE PAYMENT OF GRATUITY (CENTRAL) :RULES, 1972

3. Notice of opening, change or closure of the establishment:     (3) Where an employer intends to close down the business he shall submit a notice in Form C to the controlling authority of the area at least sixty days before the intended closure.

 

In case the company goes bankrupt the employee shall be last in the que

 

that too pari passu with bank dues…………………Workmen’s Dues (pari passu with Bank Dues)…………….

 

You may go thru:

 

https://www.lawyersclubindia.com/forum/Company-in-liquidation-77247.asp#.UbRtnOeAqWN

 

 Labour & Service Law > Others > Company in liquidation

 

 

------------There seems to be no point in approaching this employer to claim unpaid wages as debt as it is already aiming to declare bankrupt……………..

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=72011&offset=1#.UNRXofLZ1JI

 

------------Identify the assets of employer, Directors and exercise influence of all kinds to extract your unpaid wages…………………..

 

Police complaint may move it…………………..to pay the employees who are active…………even if he may have to sell his shirt or car for it…………….

 

However you may evaluate the merits at your end.

You must proceed under expert advice of your lawyer, and influential well wishers..................................

 

-------------Employees can approach Inspector under Payment of Wages Act (applicable to all employees drawing wages as per def. of wages in the Act up to Rs.18000/pm), Shops and Establishments act ………………….Trade Unions…………..

 

 

Approach one and all…………………..


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