Archived forum thread. This discussion is preserved for posterity from the Legally India Topical forum and is no longer active.

Regarding due salary

AnonymousLLB 13 Oct 2012, 04:24

I have worked for NRSERV,Kota.

I was released later also i returned my complete kit to the company.But they are not providing my salary as they are saying your some items are missing. I have send the receiving of my kit but still they are not clearing my issue.

its been 8 months.

What can i do????

1 Reply

Prachishrivastava 13 Oct 2012, 12:05

You need to file a suit for recovery of arrears of salary.

What is your proof that you have returned all the items owned by the company and the cost of none of them should be offset against your salary? I am guessing they did not give you a receipt against returned of the items?

If you have some proof, your next step is to send them a legal notice asking them to pay you your dues within 15 days failing which you will have to file a suit for recovery of Rs ABC against them in XYZ court (your local district court or state high court depending on the amount of unpaid salary).

In another 2 years you will lose the right to file this suit against your company because you will be barred by the Limitation Act 1963 under which the limitation period for filing such suits is three years.

It might do you good to let the matter go if you are not able to collect proof of return of the company’s items, because you will lose a lot more in terms of court fee and litigation costs in the years your civil suit might drag in the courts.