• 3 months salary is pending with the company

I was working with a Noida based real estate company since jan2012, i left the company in March2015. During the period of dec2014 to feb2015 i didn't received my salary and i am not the only one who has faced this among 100employees of the company. i have done all the exit formalities as i have to join another company. its been more than 2 months that they are not replying on my mails. kindly suggest the next course of action, should i go legal or forget my 3 months salary.
Asked 3 years ago in Labour from Noida, Uttar Pradesh
1) There's no reason why you should give up your three month's salary that is overdue especially as you have completed all requisite formalities for resignation from the company. It is immaterial if others are not paid their salaries.

2) Issue a legal notice to the company demanding the arrears of the salary to be paid with interest. Of the company fails to comply you can proceed with a suit for recovery against the company on a civil court.

3) Engage a lawyer locally at your earliest to take the steps on your behalf.
S J Mathew
Advocate, Mumbai
2229 Answers
110 Consultations

5.0 on 5.0

1. why should you forget your salary, demand it , 
2. send a legal notice  ask the salary dues and other benefits if any 
3. If the company is having a crises or shuts down , the dues will be settled against the employees and other debtors, so   in case of a liquidation or court case you can claim your dues on the base of your  this demand notice in the future. 
If the company is replying to your notice now and refusing to pay, you can either approach a labour tribunal or file a recovery civil suit depending on the amount due.
Thresiamma G. Mathew
Advocate, Mumbai
1510 Answers
134 Consultations

5.0 on 5.0

off course you should pursue your claim. the best way would be to do so through a winding up petition. If your dues exceed Rs one lakh then you may file a winding up against a company where such dues are in admission. It would be best served iff all the employees and.or at least a group of them who have dues pending come together and file a conjoined winding up of the company praying upon the court to appoint the official liquidator to take possession of the company assets and then sell those to recover the money due to its employees.

Else you may also file a suit for recovery but this might take more time.
Saptarshi Banerjee
Advocate, Kolkata
220 Answers
4 Consultations

4.9 on 5.0

1. Lodge a police complaint against the authority of the Company for cheating you by not paying your pending salary after your leaving the said Company, 

2. File a complaint case before the local labour commissioner against the said act of the Company,

3. If police do not act, you can file a Writ Petition before the High Court against police inaction.
Krishna Kishore Ganguly
Advocate, Kolkata
18112 Answers
438 Consultations

5.0 on 5.0

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