quesCan i file a case for pending 11 months salary and relieving letter?

I have worked in a company from 2009 to till date. They are paying irregular salary from March 2013. Till date I have pending salary of 11 months.


Now I want to leave the company and they are telling me (verbally) that I will get a relieving letter till March 2013 from this company and from March 2013 till date from another company “B”. 


The company is ready to provide the appointment letter from company “B” as well as a reliving letter also. Now, the company does not provide anything in writing about the pending salary and are not willing to pay PDC. 


Will it possible to file a legal case for the same?


  • ans


    Firstly, stopping the salary or the wages is against the right of any registered organisation. In this context, you can ask your employer in writing to release your salary as per the rules and regulations laid down, that is, releasing the salary on the 10th of each month.


    Further, seek clarification from your company why they desire to show you on the pay roll of Company B. We will not advise you to get in any such arrangement with your company.


    We suggest you to submit your resignation in writing stating the appropriate reason in conformity to your employment agreement and claim your salary for 11 months and notice period.


    Also, at the time of giving the handover, we suggest you to take the NO DUE CERTIFICATE and complete your Full and Final settlement.


    You can further get in touch with a LABOR INSPECTOR at your local labor court with a copy of resignation acceptance and copy of appointment letter and the copy of no due certificate. 


    After resignation and serving your notice period, if your Company A still fails to pay your salary or fails complete your full and final settlement then you can send them a legal notice claiming your full and final settlement inclusive of salary gratuity, PF etc. within 30 days. If the said payment is not made within 30 days then you can initiate a recovery suit against the company claiming your full and final settlement along with interest and damages for the mental harassment. 


  • Send a legal notice for recovery of dues from employer @ Rs. 1999/- only

    Know More
  • Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Labour & Service Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
Consult best Labour & Service lawyers in India

Similar questions

I have been denied due promotion as professor ,hinderances created by hod. gender discrimination is…
The company in question embarked upon an IT restructuring plan globally, I headed a function…
My ex employer is not providing me experience letter, pf number and full and final…

Hi, Can I claim a compensation from my employer in case they terminated me during…

Labour & Service Lawyers in India

Advocate Wg Cdr Ajit Kakkar (Retd)

 Experience: 17 years

Advocate Harish Malhotra

  District Court
 Experience: 19 years

Advocate Sunil Dalal

  New Friends Colony
 Experience: 20 years

Advocate Rajesh K.S

  Rajaji Nagar
 Experience: 11 years

View all >>

Quick Consult

Get 15 Minutes of Expert Legal Advice on Phone right now

Ask a Free Question

Post a Question online and get free advice from multiple lawyers by email

Find a Lawyer

Easily find and book private consults with top lawyers in India

Get Fee Estimate

Receive multiple quotations for your legal requirement instantly