Asked June 25, 2013

employer not giving salary

  • 3 Answers

I have an acquaintance who used to work for a firm. He left the job because his employer had stopped paying him the salary. He still owes him Rs 1.5 lakhs. Please suggest how to tackle this situation and force him to pay his money back.

Answers 3

Default avatar

In your case you can go for enforcement of your contract and compensation for it under section 73 of the Contract Act. If you elaborate more on the facts of your case and if you have a written agreement or a contract executed between your acquaintance and his employer then you may file a summary suit under Order 37 of Civil Procedure Code for the payment of salary. Firstly you shall serve the employer a legal notice for payment of salary accrued to them and then in case of non-payment and non-adherence to the legal notice you may file a summary suit for the payment of salary i.e., the liquidated sum of money (which is a requirement of Order 37 of CPC). Summary suits also help in speedy disposal of your claim.

Agree Comment 0 Agrees over 8 years ago

Default avatar

It is a clear case of breach of contract between employer and employee and damage can be compensated under section 73 of Indian Contracts Act, 1872. Though you have not disclosed all the terms and conditions of employment but I am suggesting some ways that can be helpful to your acquaintance for getting his dues back:

  • Firstly, he should approach to labour officer of your area. He can lodge complaint to Chief Inspector under State Employees act applicable to your state.
  • He should prefer to serve legal notice to his employer for payment of his due salary.
  • He can file a money recovery suit within statutory time period under order VII before the Civil Court where the office of his company is situated. Don’t worry, his appearance in court will not be require in every occasion. It will require while furnishing evidences.
  • Filing civil suit under Order XXXVII can also be a smart option. It is a very powerful and expeditious remedy provided under the law for recovering money. 

    Agree Comment 0 Agrees over 8 years ago

    Please Login or Register to Submit Answer

    Directory ads
    Need to talk to a lawyer?

    Book a phone consultation with a top-rated lawyer on Lawfarm.