Comapny Not Paid Salary

685 votes

Please take note of following -
1. You should initially send them a legal notice asking for your due since July 2016 with immediate effect after receiving the notice.
2. If they fails to do so then you shall approach the court. Your court fee will depend upon the amount which is in dispute. If you move to court for your dues then in most likelihood you should win the case.

Advocate Pulkit Prakash LawRato

654 votes

Hi in your situation you can either go in a for a suit for recovery or summary suit depending on the facts of the case I.e. if there is an admission of liability you can go.in a for a summary suit which is a faster procedure as compared to a suit for recovery.

Alternatively, in case you have an employment agreement which mandates dispute resolution through arbitartion, you will have to initiate action for recovery under the arbitration and conciliation act, 1996.

As regards court fees, the question of its refund is completely and solely upon the discretion of the court, therefore there is no guarantee that the court fees would be refunded in case the order is passed in your favour unless the matter gets settled before commencement of the stage of evidence in which case courts usually refund atleast 50% of the court fees.. having said that, you are entitled to claim interest on the unpaid amount I'll it's realisation which is usually granted by the court..

Lastly, the merits of your case can only be commented upon once the papers relating to your case have been looked into.

Hope the above is helpful.

Advocate Tushar A John LawRato

954 votes

Company is legally bound and liable to pay you the salary amount along with interest as well as the litigation charges, to you. Hence, you may file a case against the company and can claim your salary. There are full chances to win the case but it depends upon the documents, proofs etc. which you produce to support your case/ claim. But yes, you have a case in your favor. For court fee, it depends upon the amount of the claim.

Advocate Jatin Sharma LawRato

764 votes

One can either file a suit for recovery of due or if the amount is above 1 L then you could also file a winding up on the high court if the amount is acknowledged . HC remedy will be quicker and faster .
Plz feel free go contact for detailed advise

Advocate Vanshdeep Dalmia LawRato