Issue legal notice to to employer to pay salary dues
2) if he fails to pay file summary suit under order XXXVII of code of civil procedure to recover dues with interest
Salary dues not being paid by ex-employer
Hello, One of my relatives who worked in a factory manufacturing Dairy Products at Greater Noida (U.P.) has not been paid for month of October & November 2019 although his 26AS form shows TDS paid by employer for these months. He started working there from July 2019 and before he could complete his 6 months probation period employer asked him to resign during November 2019 . He then left that job and was told that his due salary will be credited to his bank in few weeks but that it did not happen. He has been communicating through e-mails and telephonically with them to clear his salary dues for October/November 2019. Earlier his salary was being credited directly to his bank but for period of October/November 2019, salary transfer to his bank account was not done and employer assured him that it will done in few weeks time but it never happened despite several reminders. Please suggest legal options available in such situation for impacted employee to recover his salary dues from ex-employer which is more than one lakh rupees. Thanks, Vijay Chaudhary
Asked 3 years ago in Labour
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8 Answers
He has to approach the labor court claiming his unpaid salary and compensation.
The above recourse however should only be taken after sending a legal notice to this Dairy Plant.
Since the emails and telephonic requests are not effective, he may issue a legal demand notice through his lawyer demanding his salary that remains unpaid till date.
If the employer still maintains reluctance then your friend may approach court with a suit for recovery of money to recover his arrears of salary from his employer.
- Your friend should send the said employer a legal demand notice for getting the dues salary .
A legal notice followed by a case in the labour courts. Engage a local lawyer.
1. Let him first serve a lawyer's notice to his employer to release the arrears of salary.
2. If salary is not paid even after notice then he can file a suit for recovery of money in the competent civil court.
you should issue notice to the employer for recovery of the amount and if he fails then file the suit for recovery. you can also approach the labour court for recovering your amount.
He can complaint to dy labour commissioner in order to recover the same. There after he came also file a suit or complaint before labour court
