• Salary not paid

Hi Sir

My name is Ramesh Babu B, worked in HPE, which now DXC from June 2016 to March 2017 through a consultancy named Intelligentia IT Systems Pvt Ltd who have to pay my salary on time every month and they will get it paid by HPE / DXC later. For the last 2 months of my work i.e. Feb 2017 and Mar 2017 I didn't received my salary and Intelligentia HR told me that they got some financial issue and hence we will pay once HPE/DXC released your salary and hence I waited and continuously communicating with them through email.

Also I came to know that Intelligentia IT Systems Pvt Ltd is not a direct vendor to HPE/DXC and they are sub vendor to SAGE IT, who are direct vendors to HPE and SAGE IT also involved in my mail conversation with Intelligentia and replied that they will pay once HPE/DXC release funds and till now I didn't get my salary and still they are saying HPE/DXC not released my salary and they have some issue with HPE/DXC and around 2 crore pending from HPE to them.

Meanwhile Intelligentia closed their business and now their phone numbers or email ids are not working. SAGE IT saying that even HPE/DXC released funds we can't release salary directly to you and we will release to our sub vendor only and you must get from them.

I am trying to contact HPE/DXC people to know the exact information on this. Please suggest what I can do to proceed legally on this.
Asked 7 years ago in Labour

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13 Answers

Issue them a legal notice to release your salary.

If they fail to reply to the notice you may file a Winding Up Petition As Creditor Claiming for Recovery Of Unpaid Salary. The Bombay HC has held such petition to be maintainable.

Regards

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

Dear Client,

Try to contact authorities or through HPE/DXC, still no relief, issue to all 4 legal for releasing salary, failed to do so filed case under labour court.

Yogendra Singh Rajawat
Advocate, Jaipur
22987 Answers
31 Consultations

1) issue legal notice to employer to pay your outstanding dues

2) if they fail to pay file summary suit to recover your dues

3) you can also find winding up petition against company

Ajay Sethi
Advocate, Mumbai
96803 Answers
7810 Consultations

Yes you can send a notice to sage gate

and if Intelligentia happens to be a private limited company then the office address can be obtained from the website of MCA.

Regards

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

Dear Client,

Issue notice to both. Dosen`t matter if they changed address , what is necessary to issue legal notice at last known address. Change of address without intimation presumes proper service of notice.

Yogendra Singh Rajawat
Advocate, Jaipur
22987 Answers
31 Consultations

Send a legal notice for recovering your salary in arrears. You send send this notice to SAGE IT and mark its copy to HPE/DXC and Intelligentia.

If the notice does not works, you will have to approach the Labour Court.

Vibhanshu Srivastava
Advocate, Lucknow
9659 Answers
307 Consultations

Send this notice to SaGe and mark its copy only HPE/DXC, In case you do not have the address of Intelligentia or any of its Directors.

Vibhanshu Srivastava
Advocate, Lucknow
9659 Answers
307 Consultations

there is no privity of contract with SAGE IT

hence you cannot recover your salary from said company

Ajay Sethi
Advocate, Mumbai
96803 Answers
7810 Consultations

Dear Friend

You can send a legal notice through lawyer.

All legal action can only be taken once notice has been served upon the entity or individual you wish to take to court. It is only this process that legalises bringing a matter to court. The intimation sent is known as a legal notice.

A legal notice is, therefore, a formal communication to a person or an entity, informing the other party of your intention to undertake legal proceedings against them.

This notice, when sent, conveys your intention prior to the legal proceedings and thus, makes the party aware of your grievance. Many a times, a legal notice served will bring the other party on heels, and the problem can get resolved out of court too, with fruitful discussions on both sides.

And, if the other party is still not heeding to the grievance, one can always start the court proceedings after a particular interval, as stated by the law.

Although a legal notice can service as a purpose of negotiations between the parties and save time, effort and money that are usually spent in court cases.

You say the party is not traceable so first try to ascertain from your sources where the party has moved or could be traced. If it is not traceable you can make a complaint to the police that you have been cheated by the party and the party is not traceable.

GOPAL VERMA

ADVOCATE ON RECORD

SUPREME COURT OF INDIA

Shri Gopal Verma
Advocate, Delhi
385 Answers
12 Consultations

Please file case in labour forum against your company

Swarnarka Chowdhury
Advocate, Mysore
1879 Answers
5 Consultations

File a police complaint against the founder of your 'parent' company and your manager for cheating and harassment. As you mentioned that they closed the business, to which address you will send the legal notice? . You do not have any business with SAGE IT.

Niranjan
Advocate, Bangalore
844 Answers
9 Consultations

Though you were working with a client of your employer, it is a fact that you were employed by some other company and not by the company with whom you were actually working.

Thus you have to go by the employment offer conditions that yo have signed with the company which actually employed you and cannot demand your salary from any other company.

You can issue legal demand notice to the company which directly recruited you for this employment and can sue the same for recovery of your dues.

T Kalaiselvan
Advocate, Vellore
87004 Answers
2335 Consultations

As of now Intelligentia closed their business and I don't have their address as they vacated from their actual location and also their phone numbers and email ids are not working. Can we issue legal notice to SAGE IT based on the email conversation I have.

You can lodge a police complaint against the intelligentia company for cheating yo by not paying the promised salary or you can issue legal notice and then follow up the process through court by finding out its new address.

T Kalaiselvan
Advocate, Vellore
87004 Answers
2335 Consultations

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