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nikhil (regional manager )     18 May 2012

Not geting salary and salary cheuqe boune

i m employee of cotractual company  . my company has taken a contract of directory of 1 known organization ..

i m posted as a regional manager and got a appointment letter in that letter employer has written that target of team is 5 lack rupees (with 10 sales executive ) wich i m responsible if i could not complete empolyer and i will sit and discuss and settle the salary .. salary is 20000 .. but the company is not paying salary to employees regularly and even my salary is pending from 3 months .. they r saying we dont have fund and they gave me 1 month salary cheuqe of 23500 ..dated 07/05/2012 ,, but the cheuqe is bounce 2 times .. and the are now saying that we are closing our project and ur salary we could not pay u ..please suggest me legal action i can take ..even i have taken gold loan to run my daily expenditure .. how to survive and get money from employer ...



Learning

 8 Replies

ADVOCATE Prem Joshi (Advocate/ Legal Consultant)     18 May 2012

First, filled a written compaint to police station and send one copy to organisation & after that if the organisation will not given the reply with in a time then filled the court case against the company.

Kumar Doab (FIN)     18 May 2012

Issue a notice (which you can also send) in gentle tone in writing under proper acknowledgment, to the appointing authority as ap. Narrate all the facts e.g. delay in salary, 2 time cheque of salary having been returned unpaid etc......and ask to pay your salary say within next 7 days, as a result of which you are under debt. If there is no reply to your notice, you can arrange to issue a legal notice. You may tender notice of resignation citing the facts that you are not being paid salary and therefore company has not kept its promise to pay wages (This implies employer has become unworthy of being employed with) and hence you are tendering notice of resignation and effective date of resignation is dated……….You may mention that company is requested to waive off the notice period and confirm it in writing and accordingly pay you your due wages and other payments ( mention details) on last day in office by cash/bank DD. If the company does not waive off you may avail sick leave and supply the leave application along with bed rest advice of doctor and look for another job. You must safe keep the medical certificate from authorized doctor.

You must not return the cheque to director.

Obtain copy of the SE act applicable to your state from Labor web site or market and report the matter to Chief Inspector along  address of all business(es)/ residence(s) of director (s).You may look into break up of your salary. If your wages are under Rs.16000/pm you may lodge a complaint with Wages Inspector as well.

If no PF number has been allotted to you or other employees you may report the matter to RPFC.

For cheque bounce you are within your rights to report the matter to police and issue cheque bound notice. Once you have opened multiple fronts you may get your rightful payment.

Anjuru Chandra Sekhar (Advocate )     18 May 2012

File case under Sec.138 NI Act, Sec.420 IPC and Sec.357 Cr.pc.  Consult an advocate immediately because you have to serve a demand notice within 30 days from the date on which you came to know the information that cheque is returned for Sec.138 NI Act.

nikhil (regional manager )     19 May 2012

i hv cheuqes aprox 1lacks rupees in thae name of  associtation ...actualy we collect payments in the name of association and association payes money to my company wich i m employee of .. but now a days there is election of association and association does not have intrest to solve our problem they says let election over and new body will form after that we will disscuss ,,, my point is should i keep that cheuqe with me or should i submit to association.. coj i hav not resighned or i do not got any letter from my company .. but associtation says u work and collect cheuqe from clint ... but when i ask for salary they tell me that we are not responsible u shld talk ur directors .. but on my i d proof there is signature of association chief .. so please suggest me 2 thing 1 what i should do about collected cheuqe and second can i give comnplaint against associtaion members to law labour law inspector ..

Kumar Doab (FIN)     19 May 2012

The cheques are issued by clients and handed over to you.If you hold on to these cheques you can be charged by both association and clients.

You are employee of a contractual company. Your employer has issued you appointment letter.Your employer is not paying salary to you.If the cheque for payment of salary is issued by employer you have to issue legal notice to employer. If cheque is not issued by company which has appointed you, you can not charge the company for cheque issued by someone else.

Is the association chief on board of the company which has appointed you? In what capacity association chief has issued you ID card? If the association chief is not on board of the comapny which has appointed you, you can not charge him.

Please be clear before you proceed.

As already adviced by Mr. Chandrasekhar "serve a demand notice within 30 days from the date on which you came to know the information that cheque is returned for Sec.138 NI Act." if this cheque is issued by company which has appointed you.

nikhil (regional manager )     21 May 2012

Thanks to all.. Kumar Doab Advocate PREM mr chandrashekar to suggest valluble points ..

as per ur suggestion i hv given notice to company directors of cheuqe bounce ... 2nd i have given complaint to labour comissnor but they said that this does not come in our authority becouse my salary is above 10.000

and even my post is of project manager still they collected my complaint and said that they will issue a letter to my company and association .. but they but still u will have to go to civil court or labour court ..

now i m in so much financial crisis that i cant afford to pay fees to advocate the expenditure cost will be high as per my income ..

so please guide me ... and thanks again to all my best wishers ..

Kumar Doab (FIN)     21 May 2012

For cheque bounce you may issue legal notice from your lawyer within 30 days from the date the intimation of cheque is received by you.Follow the advice of Mr. Chandrasekhar and request your lawyer to incorporate the sections suggested.

Kindly look into the braek up of your salary. If the wages are below Rs.16000/ you can approach the wages inspector.

Designation, salary alone does not decide you are a workman or not. Concilliation Officer in o/o Labor Commissioner shall try.

All lawyers do not charge high fee.You may make some efforts and locate a senior/experienced lawyer handling service matters.Some of them charge very nominal fee and may agree for instalments.Some NGO at your location may provide you free service. 

nikhil (regional manager )     05 June 2012

today they cleared my cheuque amount of 23500/- .. .. i have 3 question kindly help ...

1 i send notice of advocate 10 days before but  my advocate  did not got any reciept of post office  till date .


 as today my cheuqe is cleared and send a notice on behalf of priveous chouqe boune mater  there will bo no any problem for me ...? or what precuation should i take ?.

2 i given letter to labour comissioner about cheouqe bounce and my 2 month salary aprox 46600/-

as my cheouqe is cleared of 23500/- wich was boucne twice before today clearance .. today they have called to association and my company owner `but company owner did not came and cleared my chueqe ... and association reprasantitive came and they were saying why u put association name we will go against you in court and spoiling image of association.. i said have not made complaint against association it is jus mention that working  assosiations project ...

i have given letter to labour comissioner that i have got and cleared my cheuque 23500/- please help me to get my remaining salary ...

the labour commissionor is saying that ur salary is above 10000/- it does not comes our law ..

so kindly sugest me


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