Manager - currently working in a pvt ltd company Manager - currently working in a pvt ltd company

1 year ago

Hi sir/Madam,

I am currently working in a pvt ltd company as a manger in Gurgaon location. I have resigned from my position and have a two month notice period. Now my company is not giving me a first month salary and stating that all dues will be settled in F&F. I have a written proof of the same over E mail from company HR. I have requested them to release first month salary and can pay second month salary on the same e mail but now they are not responding over mail. Need a help regarding that.

Please anyone can?

Anik

Responded 1 year ago

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A.Dear client,
The first thing advisable is to send a legal notice to the company if still the company fails to provide you your salary you can file a suit in within one year from due payment date.
Hope it helps.
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Advocate Simi Paul

Responded 1 year ago

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A.Hi client,

You can send a legal notice to your department . If they do not respond then you need file a case.Contact an advocate.

Thanks and Regards
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Mrighankhi Chakraborty

Responded 1 year ago

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A.Hello Client,

You can send a Legal Notice to your company first, if they fail to provide you salary still then you may approach the labour commissioner or you may file a suit against the company in labour court under the Industrial Disputes Act, 1947. However, this suit must be filed within 1 year from the date from which the salary is due.


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Kishan Dutt Kalaskar

Responded 1 year ago

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A.Dear Sir,
You may approach following authority or get issue a legal notice.
====================================================================

Please approach the following authority or similar authority in a state


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.]
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