Legal Question in Employment Law in India

salary and other arrears

my company ( pvt. ltd. co.) is not making payment towards my salary and other arrears due to me since the past six months. My company had promised PF benefit but on job confirmation I learnt that they do not offer pf to any of the employees. My arrears is amounting to approx 1,18,000/-. The accounts Head informed me that company has to receive balance outstanding amount from our franchisees, whom I was handling, and has asked me to collect the money from them directly, which is not practical. I have been talking to them about the same but no avail. Please advice on what should be my course of action. In case I go to the court, which court should I approach and how long could the process take.


Asked on 6/15/03, 8:32 am

2 Answers from Attorneys
Anil Kumar Tandale T.Anil Kumar

Re: salary and other arrears

Kindly follow the opinion of Shri Raj Kumar Dubey.

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Answered on 7/15/03, 9:29 pm
Mr. Rajkumar Dubey Dubey & Partners - Advocates

Re: salary and other arrears

Re: Labour and Employment Laws

Dear Sir,

We are in receipt of your letter dated June 15, 2003.

We understand that your employer is not releasing your salary and other employment benefits including provident fund for the last six months.

Normally the terms and conditions of the employment are contained in the Employment Agreement. Please see them before you initiate any action / proceeding against your employer.

As a matter of first step, you need to issue �legal notice� to your employer clearly giving the details of the dues payable to you under Employment Agreement. If the employer fails to make payment after the lapse of time given to him in the �legal notice�, you can proceed to file suit for recovery of amount due including damages.

The suit can be filed in the District Court in whose jurisdiction the cause of action arose if the amount is below five lakhs.

In case of Provident Fund the complaint can be filed to the Regional Provident Fund Commissioner provided the company qualifies some criteria laid down in the Employees� Provident Fund and Miscellaneous Provisions Act, 1952.

In case you need further clarification / information on the same please feel free to contact us.

Thanking you,

Yours truly,

Dubey & Partners

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Answered on 6/18/03, 5:24 am


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