Vispy Ichhaporia 16 October 2016

Professional fees

Hi, I was hired as a consultant by a company which produced software/programmes for Television. My contract period is from 01st January 2016 to 31st December 2016. I was paid a professional fees of Rs. 60,000/- per month subject to TDS deduction.

It happened so that the programme we were working on went off air (stopped telecasting) from 01st September 2016. The CEO of the company asked me to stay on since he was trying to revive the project. Till end of Septmeber 2016 I was not paid my Professional fees for the month of August. Whenever I asked the CEO said you will get it in few days time. On 29th Septmeber my CEO called me and showed me cheque of Rs. 39,000/- as professional fees for both the months (August & September) and asked me to sign the full and final setllement letter attached with the cheque. I refused to sign the same and I demanded my professional fees in full for the month of August and September. I told him that I am supposed to be paid Rs.1,20,000/- and what he is paying is 1/3rd of it. He said this is what he can pay either take it or leave it. Post this I have sent emails jointly and individually to company's other directors to release my full and final payment but they did not respond.

My contract also mentions a clause which I am reproducing here. It says " The notice period for termination of contract will be of one month from both the sides if the contract has to be terminated any time before the expiry of its term". Neither I have not been given a one month mandatory notice nor I have send them one. Infact the contract is between us is still in force.

My question is which is the right forum to approach, in order to recover my dues? Should I approach the Labour Commissioner or Labour Officer of the jurisdiction where the company is located or I have to file a civil suit to recover my dues. Also are there any other legal remedies at my disposal?

Please respond. Thanks

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7 Replies

(Guest)

Ab tumhara hisaab sahi he. Pann company bhikmangaa he na. Toh kya karega? Jab they were giving money you should have taken it. The company did not think.of cheating you at all. If they had any such in their mind, they would not have offered you that much also which they offered. Certain types of projects are like this, and its a continuous process for the company, getting work. So it is for the employees. Even now, if they are willing to pay whatever they CAN just take it and forget the rest which actually is due as per you or go labour court, file complaint. Ek do saal ghoomo aur uske baad paise waise mile toh aish karo. But bottom line is you'll have to fight case, that would mean not being able to get job also. Coz I myself have worked in such capacities in n number of companies I suggest what I suggest. If all were to run to court, 50% of employees should be in courts, wasting time, money, losing peace of mind. Choice is yours.

Ms.Usha Kapoor (CEO) 17 October 2016

you can approach either a civil court or a labor court for recovery of you rdues from the company.

File a civil suit/summary suit under order 37 of CPC in which case proceeedings will be shorter, fewr and will be completed in a faster manner compared to ordinary suits. Or file your case in Labor court which may decide your case in aboiut 1 to 2 years of time.If you appreciate this answer please click the thank you button on this forum.

Before filing the case issue alegal notice to your opposite party.

1 Like

Vispy Ichhaporia 17 October 2016

Originally posted by : Gyan Prakash
	Ab tumhara hisaab sahi he. Pann company bhikmangaa he na. Toh kya karega? Jab they were giving money you should have taken it. The company did not think.of cheating you at all. If they had any such in their mind, they would not have offered you that much also which they offered. Certain types of projects are like this, and its a continuous process for the company, getting work. So it is for the employees. Even now, if they are willing to pay whatever they CAN just take it and forget the rest which actually is due as per you or go labour court, file complaint. Ek do saal ghoomo aur uske baad paise waise mile toh aish karo. But bottom line is you'll have to fight case, that would mean not being able to get job also. Coz I myself have worked in such capacities in n number of companies I suggest what I suggest. If all were to run to court, 50% of employees should be in courts, wasting time, money, losing peace of mind. Choice is yours.

Gyan Prakash ji aapka gyaan baantne ke liye shukriya lekin poore paise dene ke bajaye 1/3rd dena kya yeh cheating nahi hai. Rahi baat labour court jaane ki ya civil suit file karne ki woh main tayyar hoon. Jab hum sab yeh soch kar baith jaate hain ke jo mila woh sahi hai tabhi in companies ke hausle bad jaate hain. Agar mujhe settlement hi karna hota toh main is forum mein kyon aata? Thodi bahut knowledge to mujhe bhi hai kanoon ki. But thanks again for sharing your thoughts.

(Guest)

Courte bularahi he tere knowledge ki waat lagaane. I bet you won't get a penny. Beta mere naam ka mazaak udaya na. . .

A walk alone (-) 17 October 2016

Please click thank you button for Ms. Usha kapoor

(Guest)

That's what work u did, and they will prove it in court and chances are they won't pay u that also and in turn would sue you for dragging them.to court. Please be careful and think before u go ahead.