Past employee not paying dues or responding promptly
4 months ago
I am an architect who was working with a company which I have left more than 2 years ago. This same company was working as a contractor for an independent project of mine at the same time, and because he failed to deliver in quality, those clients have an ongoing case against him.
He is now using that against me and is refusing to pay my 2 months salary even after 2 years, as well as other dues for another project until I give him some letter that he is requesting. I have absolutely no trust in this company and that they will actually pay my full amount on giving the letter.
The CEO of the company has blocked my number and they are not replying to my emails clearly and promptly either. Kindly let me know how I should go about this and if there is any penalty involved. Thank you in advance.
For recovery of dues from your ex-company, you have to file an application under Sec.33C(2) of the Industrial Dispute Act, 1947 before the Labour Court concerned claiming dues receivable by an ex-employee from his employer. So, in the prevailing situation, if you are not holding the position of Manager/Supervisor but a workman as defined u/s.2(s) of the Industrial Dispute Act then after serving a legal notice to the Company, file an application under Sec.33C(2) of the Industrial Dispute Act, 1947 before the Labour Court concerned claiming dues receivable by an ex-employee from his employer. Otherwise, you need to file a civil suit seeking appropriate relief in the matter.
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