• What are my chances of winning a case if I file a complaint

I worked with a company as a admin officer for 1-1/2 year. One day when I asked my salary which was due from 4 months, my boss called up my mom to her home put  some character allegations on me (like having affair with married boy) on the other hand she put mail to me asking resignation letter on the basis that i'm spoiling her company atmosphere n doing personal business on her company name. 
1) company never paid salary on time it was always 2 months late. I don't even received my 1st 7 days salary my joining date was 24th. I have never received mobile compensation.
2) The company didn't maintained attendance record.  when we started asking salary on time she started keeping a attendance register on table saying now onwards you have to sign this master. in that register there was only column of IN-Time n Sign..there was no out- time mentioned n we hv been told that if we come to office 5 mins late then our half day salary will get deducted.ou office timing was 10to 6.. We always used to work till 9pm as there was always urgencies and lack of human power.  
3) company had 30 outlets all over india n had 20 to 25 brand staffs. comapy has record of not paying salary on time of them. lots  of employees change there job due to this n my boss didnt paid there salary.
4) company also have a record of non payment of Vendor bills, office rents, utility bills. some vendors also put notice for payment. 
5) I used to handle 95% of her buissness (retail, accounts, HR, administration, n also did labour job for her) as it was a small company.
6) boss is very smart in putting any allegations on others even if person is right. she has very good connection with reputed people who can help her out...In such a situation please guide me whther should i go legal n send her notice or just beg for the salary. 
I have all the mails communication as proof against her.
Asked 3 years ago in Labour from Nagpur, Maharashtra
In a private employment contract, the services can be terminated as per terms of the agreement. However things are different when an employee is terminated on the basis of allegations which would cause stigma on his/her career and in such cases justifying the allegations by way of a disciplinary inquiry becomes imperative. If you are prepared to fight it out then first file a case in a civil court for recovery of wages and if the employer retaliates in terminating your services  you can make out a claim for damages. Records of e-mails would come useful then.
H. S. Thukral
Advocate, New Delhi
514 Answers
125 Consultations
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