non receipt of 3 months salary from employer
1 year ago
i have not received 3 months salary from employer (Sahiti Infratech Ventures India Pvt Ltd) hyderabad based company. i sent several mails to MD and CFO but they are not responded. i tried to complaint to labour commissioner, hyderabad but they are not accepted my application as such my salary is Rs. 1,00,000 per month. i resigned from company by 31st july 2022 as they are not paid May, June & July salaries. i have to get total amount of Rs. 2,40,000 from Sahiti infratech ventures india pvt ltd. i have scanned copies of appointment order, attendance register, employee id card, payslips, bank statement etc., company is doing business of construction residential flats and there are so many cases pending cheating cases on company MD as duped lot of flat buyers and investors. what are the other options available to me to get my salary arrears.
A.Dear Sir,
You have 2 options either get issue legal notice and file recovery suit or approach following authority.
The Office Commissioner of Labour
Karmika Bhavan, Dairy Circle,
Bannerghatta Road, Bangalore-29.
080-29753078
[email protected]
Addresses of Labor Inspectors in Bengaluru in different locations
https://karmikaspandana.karnataka.gov.in/page/Contact+Us/Labour+Inspector/en
Section 12 in The Industrial Disputes Act, 1947
12. Duties of conciliation officers.- (relevant section 12(2) of ID Act)
(1) Where any industrial dispute exists or is apprehended, the conciliation officer may, or where the dispute relates to a public utility service and a notice under section 22 has been given, shall hold conciliation proceedings in the prescribed manner.
(2) The conciliation officer shall, for the purpose of bringing about a settlement of the dispute, without delay, investigate the dispute and all matters affecting the merits and the right settlement thereof and may do all such things as he thinks fit for the purpose of inducing the parties to come to a fair and amicable settlement of the dispute.
(3) If a settlement of the dispute or of any of the matters in dispute is arrived at in the course of the conciliation proceedings the conciliationofficer shall send a report thereof to the appropriate Government 1 or an officer authorised in this behalf by the appropriate Government] together with a memorandum of the settlement signed by the parties to the dispute.
(4) If no such settlement is arrived at, the conciliation officer shall, as soon as practicable after the close of the investigation, send to the appropriate Government a full report setting forth the steps taken by him for ascertaining the facts and circumstances relating to the dispute and for bringing about a settlement thereof, together with a full statement of such facts and circumstances, and the reasons on account of which, in his opinion, a settlement could not be arrived at.
(5) If, on a consideration of the report referred to in sub- section (4), the appropriate Government is satisfied that there is a case for reference to a Board, 2 Labour Court, Tribunal or National Tribunal,] it may make such reference. Where the appropriate Government does not make such a reference it shall record and communicate to the parties concerned its reasons therefor.
(6) A report under this section shall be submitted within fourteen days of the commencement of the conciliation proceedings or within such shorter period as may be fixed by the appropriate Government: 3 Provided that, 4 subject to the approval of the conciliation officer,] the time for the submission of the report may be extended by such period as may be agreed upon in writing by all the parties to the dispute.]
srinivasa rao rachakonda
Replied 1 year ago
Dear Sir
thanks for your reply, but i am from Hyderabad, request you to provide email id of labour commissioner hyderabad. i already visited labur commissioner office (The Commissioner of Labour, Labour Department, CF4V+JM6, Taks Bhavan, RTC Cross Road, near Devi Theatre, Chikkadpally, Hyderabad, Telangana 500020) and not accepted application due to general manager desigination applications and salary above Rs. 25000 limit exceeds and advised me to file in civil court.
It appears since your salary is above 18,000/- approaching the Labor Commissioner would not prove much fruitful. You may instead try the following alternatives.
Sending a legal notice through a credible lawyer is the initial step which an employee should take. Send a detailed legal notice to your employer/company mentioning all the reasons why you are aggrieved. It is recommended that you send this legal notice within 90 days from the lapse of salary payment.
Documents required for sending the legal notice:
• Copy of employment contract
• Copy of bank statement as evidence for non-payment of salary.
• Appointment letter
• Details of all additional benefits and perks.
Relief that can be claimed in the legal notice include:
• Payment of salary that is in due
• Payment of interest for the delay
If the above step doesn’t work, then you can pursue the following alternatives in the order of their appearance.
1. Application in the NCLT
The Insolvency and Bankruptcy Code, 2016 considers employees as operational creditors. Therefore, an application can be filed in the NCLT for the recovery of unpaid salary. However, for the application of the IBC, certain conditions must be met. These are
• The applicant must be an employee of the company
• The minimum amount of unpaid salary must be Rs. 1 Lakh.
• The maximum amount of unpaid salary is Rs. 1 crore.
This application must be accepted or rejected within 14 days by the NCLT. The whole corporate insolvency resolution process must end within 180 days. However, the NCLT may extend this by another 90 days.
2. Approach the Police Authority and file a criminal case. Prepare a detailed case study with all the proofs related to the case. It is an implied duty of the employer to pay the wages and salary of his employees on time. However, if the employer contradicts, turns down or repudiates from the same, a criminal suit of breach of trust and cheating can be filed by the employee u/s 420 of Indian Penal Code, 1860.
3. If filing a criminal case is not an option or doesn’t provide a result then you should proceed for a summary suit in civil court.
Employees holding executive or managerial posts can file a suit for non-payment of salary in a civil court, in accordance with the provisions of Civil Procedure Code, 1908. You can file a summary suit under this code, since summary suit is a fast way of delivering justice because, in such a suit, the judgement is passed without hearing the defense. It goes against the provision of Audi Alteram Partem which specifies that both sides should be heard. Hence, summary suits can be invoked only in a handful of cases such as this one. That is the reason behind not using order 37 as the first resort to addressing the issue of non-payment.
Hopefully this resolves your query, best wishes. Thank you.
Contract Act
Shops and Establishment Act
Wages Acted employee rights
Multiple legal remedies exist to claim the unpaid salary as well as interest on the same.
You can send them a legal notice with the help of a lawyer. Documents required for sending the legal notice:
1. Copy of employment contract
2. Copy of bank statement as evidence for non-payment of salary.
3. Appointment letter
4. Details of all additional benefits and perks.
Other steps you can take:
1. Approach the Labour Commissioner - convey the issue to the commissioner.
2. Approach the Labour Court - This suit can be filed under the Industrial Disputes Act, 1947. However, this suit must be filed within 1 year from the date from which the salary is due. The Labour Court has to decide the case within 3 months.
3. 3. Approach the Civil Court - Employees holding executive or managerial posts can file a suit for non-payment of salary in a civil court, in accordance with the provisions of Civil Procedure Code, 1908.
4. Application in the NCLT - The Insolvency and Bankruptcy Code, 2016 considers employees as operational creditors. Therefore, an application can be filed in the NCLT for the recovery of unpaid salary.
Without any delay send them a strong legal notice through a lawyer asking them to pay your dues or else you will be filing a civil case against them to recover the money.
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