• Non Payment of salary dues

Hi,

I need legal advice on my below concern.

My brother was working for a Logistic Company H.O. based at Gurgaon, having operation PAN India & he was posted in Pune since joining ie; Aug' 2015.
He was working as Manager & supervising Pune region for a department.
He is a permanent employee with Letter of appointment & all necessary documents.
Notice period: 03 months
In Aug'16 Company was took over by another firm. (new firm Unofficially stated they are not interested to work with old employees, due which 70% of staff was resigned) & new firms management took over the daily operations.

Nonpayment of salary due:
However, my brother continues with organization & received his wages for the month of Aug’16.
Whereas his wages was made with held for the month of Sep’16 without any prior intimation or notice or any stated concern. Though he worked for entire month & attendance was updated eligibly.
As professional ethics he has made many verbal & written (e-mail) communication stating the ‘concern of salary withheld’ without any reason, but no written mail was replied to answer his query. During the communication all the hierarchy protocol was marked. 
When he co-ordinated with H.R. personnel, they have stated that ‘now they are working as consultant for couple of months only & do not have any power to reply his concern, thereby my brother have to co-ordinated with new management personnel’s.
As stated earlier , new management personnel have not replied anything in written (mail) but verbally given all the falsified committed dates (all verbal communication are recorded). Here I also would like to add that from the time new firm took over there personnel (State Head) started harassing my brother & times stated company is not interested to give any 3 month severance salary amount & will not layoff. 
After this ordeal & prolonged experience my brother officially resigned (e-mail) on 24 Oct’16 & tendered hard copy by postal to head office. In spite of above as of now there is no communication replied.
My brother have the possession of company assets (Laptop) & now due which he is receiving threatening call from company personnel to submit assets or they will file a police complaint against him.
However my brother replied ‘that we will hand over the assets but firstly you have to accept his resignation & secondly release the pending salary due for the month of Sep’16.
Note: All verbal & written conversation is recorded.
Dear team I need legal advice as how to handle the above concern & what if they make police complaint.
Asked 8 years ago in Labour

First answer received in 30 minutes.

Lawyers are available now to answer your questions.

3 Answers

1) you cnnaot retain company assets over non payment of salary dues

2) if company has failed to pay salary legal remedy is to issue legal notice and file winding up petition against company

3) in the alternative file summary suit to recover your dues

4) in case police complaint is filed your brother will have to run around courts for long period

5) return the laptop to company

Ajay Sethi
Advocate, Mumbai
96084 Answers
7727 Consultations

5.0 on 5.0

He should initiate the legal process by serving a lawyer's notice to the company to release his salary wherein he can also offer to deliver the assets of the company. If despite the notice from his lawyer the company does not release his salary then a suit for recovery can be filed in the civil court against the company to seek the salary with interest and relieving letter.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Besides taking steps to recover the salary, he may escalate the matter in the form of written communication by registered post with the top management of the new firm.

After this your brother may send a legal notice to the company through his lawyer demanding the reliefs including compensation for creating unpleasant and non-conducive atmosphere that forced him to resign.

Followed by this legal notice he can drag the company to either consumer forum or civil court for relief.

T Kalaiselvan
Advocate, Vellore
86285 Answers
2292 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer