Unpaid salary and wages pending since Aug 2012
Hi, I have worked in a BPO company in 2012, and I resigned in Aug 2012, after serving 1 month notice period. Cheque issued by company for my salary for the month of july 2012 (Rs. 30000/-) was dishonored by bank, and I haven't received my wages for final 9 days of Aug 2012 (Rs. 9000/-) as well. company asked me to courier the dishonored cheque and assured me that my money will be credited in a bank account of my choice. I am still waiting, and no one is available in office to clear it. I would like to know what can be done to recover my unpaid salary. Can I send a legal notice to company for recovery of my dues? If yes, what is the maximum gap allowed between the last working day and sending a notice? What are my options now, and how do I recover my salary dues?
Asked 2 years ago in Labour from New Delhi, Delhi
the salary they are due to you is a legally recoverable debt from the company. you have not specifically stated the date on which teh cheque was presented. if the bank endorsement is within 1 month from today, give them a notice or if it is expired, then you have to file a suit for recovery against them.
do not give the bounced cheque to the company as you would loose the legal grip over the company. retain the cheque with yourself and the documents like e-mail transactions and other documents and pursue against the company with a suit for recovery of money. you will be success in your approach.
If you have not send the cheque back you will be in much better position to set the co. right,as this will bring criminal liability on them.Otherwise take action as suggested
Advocate, New Delhi
Thank you for your quick reply. Please note that the salary cheque given to me was presented in bank on 17.07.2012. It was dishonoured by bank and I received it back at my address soon in the same month (July 2012). I informed company about it on email and they asked me to courier the bounced cheque back in office and promised me that I will get the amount credited in a given bank account. So, I don't have the original cheque with me any more.
I have salary unpaid for the month of July 2012 as well as 9 days of Aug 2012, until my final working day in office. I've been trying to communicate to company directors ever since and no one has bothered to pay any attention to this matter. I have entire chain of emails as evidence in case of a legal action, as well as chat and SMS replies from my manager and team leader as evidence. Could you please guide me further the next course of action. Also, can I file a suit after such a long gap of one and half year? Is such a suit, admissible in court, or the 1.5 years of gap make it null and void case?
Please guide me the process of filing a recovery suit.
Asked 2 years ago