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Non Payment of Salary

avilawyer 7 Jan 2013, 19:45

Dear Sir/Madam

I was working with a small web development firm in Delhi. On Mid of September 2012,I informed my firm that I am not going to work further with the firm(orally) and hence post 20 days i left the firm. Then i told him to clear my salary which was not paid to me since August,2012.But they did not pay and told me to come to their office and talk to the firm lawyer.I also visited the company with a lawyer and with the help of both the lawyer,it was agreed that the firm will pay me the remaining salary on 7th Jan 2013.A written confirmation on the letter head of the firm, duly signed by both the lawyer and the firm mentioning the date of payment (7th jan 2013) was given to me in the month of november,2012.But,when i approached the firm on 7th jan, they told me to talk with the lawyer of the firm. when i refused,they told me that they will not pay any money as he suffered loss due to me.

I am a layman and I don’t know where and to whom should I approach???

Kindly help me to recover my money.

Thank you

1 Reply

AnonymousLLB 8 Jan 2013, 08:53

Same thing happened to me.

I Joined a BPO Based in Laxmi Nagar in October 2012. I got a “letter of Intend” at Interview stating that i will receive a Letter Of Appointment on Joining but i never received it.

On 25th of November all the employees were sent back stating that Internet Lines are down & since then the office has been shut down. All the 25 Employees have tried to contact the owner but he doesn’t answers the phone.

After lots of attempts i managed to speak to the owner & i was issued a cheque dated 5th Jan for one Month Salary equaling to Rs. 26,129/-. However cheque was returned by bank as it was stopped. i.e “Stop Payment was put by issuer” I don’t know what to do. This must be a PVT Ltd company as the Cheque stated.

I am considering below mentioned options.

1. Complaint to Local Police station for Cheating & Fraud

2. To file a cheque bouncing case with help of a Lawyer.

3. Complaint to East Delhi Labor Court.

My questions are?

1. Will local police accept my complaint. What happens if they refuse?

2. Is Stopped Cheque considered a bounced cheque? If yes how long will judicial procedure takes? if No then what else can i do?

3. How long Labor court procedure takes?

4. The Owner (accused) residential address is not known to me. (it’s somewhere in GK-1)

& office is anyways shut down. So where to send the Notice?

5. Can i complaint to Companies Registrar or Government to blacklist this person & his company to save others who might fall in his trap?

6. Can i do all the 3 things i.e Local Police, Civil Court & Lobour Court at the same time?

7. I reside in Jaipur. Can i file a cheque bouncing case here?

Regards,

Lucky