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Anil Rathi (Zonal Manager)     23 May 2012

Salary not released by company

 

Hi

I was employed with a Pvt Ltd company (engaged with equity and commodity broking business) as a Zonal manager at jodhpur (Raj). since last 6 monts company was not paying me my full salary as commited in offer letter, whenever i asked them concern person promised to release in next month and it was happened for continue 6 month and last i have to left that organisation.

Now please suggest me what type of legal action i can take and to which government body can help me to get back my salary which is around 1 Lac.



Learning

 1 Replies

Kumar Doab (FIN)     23 May 2012

You should have submitted representation in writing under acknowledgment addressed to good offices of your appointing authority, MD, CEO, Company Secretary, with a copy to Head-HR and should have highlighted the hardships you are facing and might have added that you have to borrow to attend to office and duties, and to fulfill your personal family social obligations etc. Thus you would have rendered the employer as unworthy of being employed with. In your notice of resignation/resignation you could have stated that you are left with no option but to leave since you are no more in a position to borrow more and sponsor/finance your employment with the company, while the company should have paid you the salary in time, whereas company has not been paying salary despite unlimited number of representations. You should have concluded that notice period/pay clause has become defunct due to act of the company and company should waive off the notice pay and supply the p[payment of your dues.......................(mention detail) by bank DD only so as to reach you within next say 7 days by redg/speed post only.

You have the option of approaching O/o Labor Commissioner, Chief Inspector  under SE act, Civil Court, and if your lawyer wets you may contemplate filing complaint under criminal breach of trust.

You have posted that "help me to get back my salary which is around 1 Lac." implying your salary /pm was less than Rs.16000. You may approach o/o Wages Inspector.

If you are not alone and all staff is facing the same situation in your branch, state, pan India, you may join hands and evaluate the option of filing class suite.

Next time do not wait for 6 months if you are not paid your salary.


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