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Hi
I was working with an IT company, under a consulting contract. I started working at the end of Jan'18. 

However, on the 16th of march'18, I was given the information regarding termination of the contract through email. The contract stipulates a notice period of one month for both parties if they decide to terminate the contract. I was told that I have up to a month to wrap up my current work before separation. I continued going to the office to complete my work, diligently.

However, today I was told that tom (22nd March'18) will be my last day. I reminded the employer of the notice period. He said that he will pay my salary, for the month of march'18 on 31st march'18 & then the rest by 16th April '18 (the day when notice period ends). I was asked to handover the laptop & not come from tom. When I objected, saying that I should be paid today because you're asking me not to come tom, they refused. They then went on to snatch my laptop, pushing me (physically manhandling me), abusing me & threatening me. They also said that they'll not pay me a penny and I could go do what I want.
Is there a legal course of action that I can take? Will I get paid for 1.5months (INR75 thousand) which is rightfully due? I am a senior professional, very well respected in my industry & have never been insulted like this. Pls help...
Asked 2 years ago in Business Law

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17 Answers

Hello,

If you have been physically abused and some power has been used upon you then definelty you can approach the police and lodge a complaint against the said person.

Those are your rightful claim and you will get it, if they do not return the same to you then you always have the right to file a case on them to claim the dues.

Regards

Anilesh Tewari
Advocate, New Delhi
17791 Answers
296 Consultations

5.0 on 5.0

They will have to pay you up till April 16th, 2018.

Wait for you, and try collecting you salary at the end of march and later the remaining on the 16th of April.

If they do not pay you your dues, send them a legal notice.

Vibhanshu Srivastava
Advocate, New Delhi
9055 Answers
167 Consultations

5.0 on 5.0

Dear Concerned,

First thing first - for the purpose of the manhandling done with you - go ahaead and file a criminal complaint agaist the individuals who has done such act. (most possibly they will pay you merely due to fear from the police) IF not you would need to first send a notice to them asking for your dues, later followed by legal proceedings.

Best of Luck.

Atulay Nehra
Advocate, Noida
1247 Answers
56 Consultations

4.7 on 5.0

Send your company a legal notice by tomorrow morning itself asking regions for termination and paying notice period salary in lieu of not giving notice period as per the agreement.

Yes you will be get paid for the time period. you ca approach the labour commissioner in case after notice they donot pay you.

Also register an Complaint with police for man handling abusing threatening, and defamation (under 499 ipc) as you were defamed in front of all the office.

Shubham Jhajharia
Advocate, Ahmedabad
25207 Answers
105 Consultations

5.0 on 5.0

Dear Querist

If you want to take legal action then you have to first issue a legal notice and claim your money along with the compensation for damages to your reputation.

If they are not ready to clear your amount within notice the period then you may file a civil suit against the company before the civil court.

Feel Free to call

Nadeem Qureshi
Advocate, New Delhi
5740 Answers
268 Consultations

4.9 on 5.0

Physically manhandling me & snatching the laptop

Threatening me, abusing me & insulting me

Leveling false allegations (completely unsubstantiated)

For the aforementioned you can file FIR for criminal intimidation as per sec 504 and 506 of the Indian Penal Code

Non-payment of dues

For the aforementioned you will have to file a summary suit under order XXXVII of code of Civil Procedure, 1908

Regards

Anilesh Tewari
Advocate, New Delhi
17791 Answers
296 Consultations

5.0 on 5.0

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

2) if company fails to pay sue the company to recover your dues with interest

Ajay Sethi
Advocate, Mumbai
76982 Answers
4621 Consultations

5.0 on 5.0

Under Payment of Wages Act, in case employer doesn’t pay up your salary, you can approach the labour commissioner. They will help you to reconcile this matte r and if no solution is reached labour commissioner will hand over this matter to the labour court whereby a case against your employer be pursued and the timeline is 3 months to dispose case in Labour court.

Physically manhandling me & snatching the laptop

Threatening me, abusing me & insulting me

Leveling false allegations (completely unsubstantiated)- these offence are criminal in nature and shall be dealt by Indian penal code like manhandling shall be under hurt 319 Indian penal code, threatning is criminal intimidation under 503 punished under 506 IPC.

and defamation ipc 499 and 500.

In case of defamation a civil suit for damages can also be filed in civil court. Both the criminal and civil remedies can be availed together in criminal trial the court shall award sentence and fine and in civil suit you shall receive compensation and damages for your reputation.

Shubham Jhajharia
Advocate, Ahmedabad
25207 Answers
105 Consultations

5.0 on 5.0

1. Well, non payment of salary is actionable wrong under civil as well as criminal jurisprudence.

2. So under civil jurisdiction you can file civil suit for recovery of money.

3. Simultaneously you can file criminal case of cheating.

4. Since civil suit takes both time and expenses its advisable that you lodge complaint with police first.

Devajyoti Barman
Advocate, Kolkata
20790 Answers
296 Consultations

5.0 on 5.0

There are Employment and labour laws in India and you can fight for getting justice and get non payment dues.

If they have defamed you, caused hurt to you and threatened you then you can file a written complaint to the Police also.

Moumita Mitra
Advocate, Kolkata
366 Answers
1 Consultation

4.0 on 5.0

you should send them a legal notice asking for the compensation and proper relieve thereto. If they fails to make any respond thereto or do not give any proper response then you can drag them before the competent court of jurisdiction. Your case is of specific performance under a contract and it will come under civil court of such place where your employer is based.

Pulkit Prakash
Advocate, Delhi
273 Answers
6 Consultations

5.0 on 5.0

Please file Police complaint against concerned persons for assaulting you. Secondly send a legal notice to them claiming dues and also damages from company for misbehavior and assaulting you stating it has harmed your reputation.

If they do not give amount better file suit for recovery of money and damages against company. Also if you have written allegations made against you by company file civil defamation suit.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

1) You can make complaints in Labor Tribunal or in Labour court. And narrate all the problems that happened with you.

2) You can file for your payment plus for abusing and defamation case against them.

Ganesh Kadam
Advocate, Pune
10682 Answers
94 Consultations

4.9 on 5.0

You may file a FIR in the police station of harassment and humiliation at work place along with defamation under section 500 and section 323 of IPC.

What ever is done that is really unfortunate as termination of contract are very common from both the sides.

Vimlesh Prasad Mishra
Advocate, Lucknow
6633 Answers
23 Consultations

4.9 on 5.0

You take the same in writing. Many companies pay salary in lieu of notice period. If it is a renowned company, it will not do cheating and pay money. However if they do not give you in writing, u give the whole thing in writing that as per their advise you are not coming and you will be paid. If they don't pay you can lodge a cheating complain. But in such cases employer can also file some false complaints on you.

Vikash Agarwal
Advocate, Kolkata
8 Answers

4.0 on 5.0

The treatment what they meted out to you is totally disgusting and painful.

The illegal termination and manhandling, insulting and intimidating are all offences, however since they are a body and you are an individual you may not be able to even prove your complaint in the preliminary stage itself

However nothing prevents you from lodging a criminal complaint against the person who pushed you and assaulted you besides insulting you in the presence of many colleagues.

You may issue a legal notice demanding apology from the people who hav done this injustice to you and also for p[roper compensation as per law which will include your dues from company.

T Kalaiselvan
Advocate, Vellore
66984 Answers
884 Consultations

5.0 on 5.0

You can fight for recovery of your dues.

You can lodge a criminal complaint with the local police

You can file a defamation case too

T Kalaiselvan
Advocate, Vellore
66984 Answers
884 Consultations

5.0 on 5.0

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