• Grievance for original certificates, relieving letter & non-payment of salary

We are around 5 employees resigned from xxxxx Pvt.Ltd due to non-payment of salary, mental pressure we were going through because of bad management polices & unorganized structure by giving reasonable time. Even after sending “n” number of reminders through emails, management is not ready to listen us.
Few of us already approached the Labour officer but till now there is no resolution from Labour officer even one of our colleague filed complaint to labour office one year back & still case is going on.
Company management is not ready to give us our relieving letter, appraisal letter, pending salary, reimbursement & original certificates even after giving reasonable time through legal notice.
Without relieving letter none of the organization will provide us employment so could anybody advise how to get the above mentioned things.
We filed the police complaint also but no response.
Asked 4 years ago in Labour

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11 Answers

If your company is not giving the relieving letter and your the documents you can file suit for declaration in Civil Court in order to get the same

Also, a suit for recovery of the pending salaries can be filed in civil court .

Alternatively, insolvency petition can be filed in NCLT in order to recover your salary is along with interest and compensation.

You should also consider giving a written complaint to the assistant Labour Commissioner intimating of the illegal acts of the company against you and the other employees.

Siddharth Jain
Advocate, New Delhi
5928 Answers
101 Consultations

5.0 on 5.0

1) The relieving letter should be issued the same day when you’re going to exit from the company. If the company does not issued the relieving letter it means that your resignation is not accepted and also still you are employee of the company until unless the company issue the relieving/ accepted resignation.

2) Issue a notice for demand of justice to the employer mentioning all the facts. If there is an agreement between you and your employer arbitration clause should be therefollow the arbitration clause or file a civil suit for redress your grievances.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

File complaint against company and its directors for criminal breach of trust for failure to return original documents

2) file summary suit to recover your outstanding dues with interest

3) in alternative file winding up petition against company

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

They cannot sit over your original docs, since this is a criminal act. Move a Police complaint against the Directors of the Company.

Also, since they are sitting tight over your dues, initiate proceedings for winding up.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

You can file a Complaint in criminal court regarding the non tendering of your original certificate by company under section 406 IPC. You can also file writ petition in high court for appropriate directions to the said company

Prashant Nayak
Advocate, Mumbai
27245 Answers
88 Consultations

4.4 on 5.0

One of the way may be to file court case of both civil and criminal in nature.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

Hello,

You have already exhausted the appropriate remedy of approaching the Labor Court.

if there is a delay on part of the court and the matter is not being decided expeditiously then you may file a petition in the HC u/s 227 thereupon asking the court to pass a direction that the matter be decided in a time bound manner.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Sir for the reliving letter and documents approach labour court further since the opponent is company approach NCLT for dues file an Insolvency petition against the company. First issue a demand notice as operational creditor as employees are operational creditor then if not paid in notice period file insolvency petition.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Please all you Five file an application before the Labour Commissioner/DLC/ALC who so ever is authorized to deal with under unfair labour practice so inquiry must be made don't waste time.

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

5.0 on 5.0

The Labor office convert your case into Adjudication under section 12 of Industrial Disputes Act and refer to Industrial Court

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

The police will not be of any use on such labor law issues.

You can file a suit for recovery of salary and direction to employer to furnish experience certificate and relieving letter.

Next option is to approach high court directly for relief and remedy.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

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