Legal action to recover dues from employer
One of my employer has not paid my full and final in spite of regular follow-up. I left that company in July 2012. This company is based in Noida. Please suggest if i can recover the money or not. If yes then what is the legal process.
You can file a Civil Suit for recovery under Civil Procedure Code. 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. Under Order 37 of the Civil Procedure Code, you can file a summary suit before the District Court which disposed of faster than normal suits. File it where you were working, where your contract for employment was signed. Once you file the suit, a summons are issued to the other party, and they have 10 days to make an appearance. If they fail to appear before the Court then the Court assumes that your allegations are true and accordingly awards the suit in your favor. Note that summary suits cannot be filed if the matter concerns a penalty, or an uncertain amount.
VERY IMPORTANT: There is a 3 year limitation period to file a civil recovery suit. This means that you need to file your suit within 3 years the day your money was due to you. Also note that an acknowledgement of debt in writing within those three years would restart the limitation afresh.
Also, please ensure is that you have some proof of your employment.
Another option is to file a Criminal Suit for Cheating and Breach of Trust 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.
If your Employer has sent you a cheque which has bounced, then you can proceed under the Negotiable Instruments Act, 1881.
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