669+ Lawyers are online 
Employer not relieving salary not paid what to do
21-Jun-2023 (In Labour & Service Law)
I worked in a company at Gurgaon from 21st July 2014 and resigned on 04th August 2016. Salary for July, August, Sept & Oct 2014. My Salary was Rs XXX P.M. After that Salary stopped. I was not paid salary from November 2014 till July 2016. I finally resigned on 04th Aug 2016. I have yet not been relieved even after so many reminders. I initiated action at the office of Assistant Labour Commissioner, Gurgaon. After reconciliation failed I filed my claim before ALC u/s 15 of payment of wages act. Their lawyer said that Section 1(6) of the Payment of Wages act has been removed on 15th Sept 2016 and our claim is after that. So they claim petition is not maintainable. 1. Does Section 1(6) anywhere prohibits my claim ? 2. Can you provide any judgement to support me before ALC ? 3. I have claimed salary till now am I right in the absence of Relieving. How to claim it?
instead of filing a complaint under payment of wages act, you can proceed your case by way of complaint for non payment of salary against your employer and if still there is a bar, you can file a case directly before labour court in this regard. Please have a meeting first so that i can suggest you a better prospective in your case.
Helpful?
12+
12+
Adv. Naveen Kumar
Gurgaon | 25+ Answers
CONTACT NOW
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 Divorce Lawyers at lawrato.com to address the specific facts and details.
Connect with top Labour & Service lawyers for your specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
