Legal action to recover dues from employer
Dear sir/Mam I was working for construction site at pune. My company sent me an email regarding termination of my services from 30th november 2016 and they promised me full and final pay on 1st december 2016. I have accepted it ,and they have not even provided me notice period and this company is india pvt ltd. I have got releiving and clearance letter too from project head. I have written mail from them and also whatsapp messeges regarding commitment . But till date they are not paying me my dues. They made payment to all the workers working with them right now but they are delaying my payment for no reason. Today they told me i have their pendrive with me and i asked them to deduct its cost which is rs 625 and pay my due but still they have not made the payment. I need your guidance for the same. My father is retired army personel and it is getting difficult for me to servive as they are dependent on me. Kindly help me
You may contact to labour welfare officer of your district and give your complaint in writing. then next step is you can go either labour court.
You have the following options: Petition to wind up company as it is unable to pay its debts. On winding up, employees dues will be considered on priority under Companies Act, 2013. Civil Suit for recovery under Civil Procedure Code. Criminal Suit for Cheating and Breach of Trust based on the basis of the facts of the present matter under IPC. As per law, since you have, the email from the company stating that your dues will be paid by December 1st, 2016 they have acknowledged their liability to pay, and in case even if the company wounds up, reason being you will be covered under the secured creditors and will be paid. On the other hand, if you wish to initiate legal action and recover your unrecovered dues, then you have to issue a legal notice to the company demanding the company to pay you the dues, failing which you will be entitled to initiate a legal action in court, by filing a money recovery suit. You may also approach the police for cheating under section 420 of IPC against the employer for non-payment of salary which is a statutory liability of the employer. You may serve legal notice to them through an Advocate and thereafter initiate appropriate legal proceedings against them for recovering your dues.
Answered by Prafful Goyal, Lawfarm Researcher.
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