1) You can file case in the criminal court for cheque bounce and not paying salary in the labour court.
2) if cheque is bounced you can filed case u/s 138 of instrument act.
Unpaid Salaries
Dear Sir/Madam Its >3 times i have not been paid my salaries by various employers. Many times their cheque bounced and most of the time they manipulated me with false promises. In last case it was a job abroad and there are no cheques but i do have email & whatsApp conversation apart from few successful bank transaction as salaries. Some of the cases are almost 2 years old and i am still getting promised by them to be paid. No pure consultation have been done with advocate but i have been told its a frustrating high cost procedures in court which i can not afford both in terms of money (fees) and time ( my own duties, which i cant stop as I have to run my own life with responsibilities ). I am a doctor MBBS with 18 years of experience in India basically in Maharashtra. The cases will run against very rich socially influencing people like politicians/businessmen etc which is making me scared and keeping me away from court until today when first time i decided to write. There are solid and enough proofs of my honest & efficient professional work in those hospitals. Now I am jobless as no one is hiring me inspite of accepting me as good doctor but unstable because I have left those jobs frequently where I was unpaid and tortured mentally ! what to do ?
Asked 6 years ago in Labour
11 Answers
Issue a legal notice through an advocate and file a case under 138 ni act.
a complaint can be made about the offence of cheque bounce under Section 138 of the Act, within one month of the expiry of 15 days period from receipt of the notice by the drawer of the cheque if no payment is made within those 15 days.
You can also file a civil suit against the company for claiming full and final settlement along with the damages and compensation for the harassment and mental torture.
You can Complaint to.labour Commissioner the issue will be resolved through mediation. If not you can proceed with the said Complaint at labour court.
What is the amount of your unpaid salaries?
Were all these salaries paid by cheques which bounced? Or are there some salaries which have not been paid at all?
Your cause of action to take legal action against the defaulters begins when the amount due to you became payable
You need to take legal action max within 3 years from date of default
If you approach court after above period, your claim will be considered as a stale claim and thus will be barred by law
Here you have to take a practical decision - you need to see how much amount you need to recover versus how much you need to spend to recover that unpaid amount
If the unpaid amount is not substantial then it would be wise to not pursue it
If however the amount is big enough then you must take legal action and also claim cost of the legal proceedings from the opponent
You can either let go of this matter as you have done in the past or take a stand and file a complaint against them in the labour court. A complaint should also be filed against them with the doctors association as they must also know what k UK and of employers are these hospital owners are and this fact must be highlighted in the social media as well. Write about them publicly and maybe they would settle with you.
Regards
1) issue legal notice to your ex employers to pay your outstanding salary dues
2) if they refuse file summary suit under order XXXVII of code of civil procedure to recover your money with interest
The recovery proceedings in your matter shall only be filed in the country in which you worked , here in India for this purpose you will not get anything, so approach the Labour Department of that country or file cheque bounce cases there only.
See you can file a suit to recover damages and your amount along with the interest from the hospitals.
In case if hospital is owned by private limited then firstly a demand notice can be given and then a petition before the NCLT can be filed.
Individual case for same has to be filed against each hospital and then you need to pursue same.
if you have those cheques, which were bounced, initiate criminal proceedings as per section 138 NI act, if the time has elapsed, seems such to me, then you have another option to file suit for recovery.
you have time left to file suit for recovery from those high influential people who cheated you by not making your salary payments.
moreover, a detailed discussion may fructify for you
PRIMA FACIE, YOU HAVE A GOOD CASE
Send these people a legal notice first, calling upon them to clear your outstanding dues, i.e., your unpaid salary.
In case they do not comply with the legal notice, you have the option to approach NCLT or file a recovery suit.
Do you have the bounced cheques with you, no doubt it may be barred by limitation for initiating cheque bounced case, but you can file a money recovery suit on the basis of the cheques which were bounced.
The documentary evidences in your possession should support your claim hence contact a different advocate this time for filing a money recovery suit against the employers who are due to you.
You have the options to file recovery suit against all those mischievous employers based on the documentary evidences i your support.
You may first issue a legal notice to all those who are within the three years default zone after which you can file legal suits for recovery of money from them with interest.
If your advocate is frightening you with heavy costs, you may prefer another advocate who would be reasonable on the subject's cost issue.
