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Non payment of salary and experience letter and defaming


02-Oct-2023 (In Labour & Service Law)
Since 03/06/2013 to 11/03/2017 I was working for Gramtechnet Solution ( a partnership firm in Malleeswaram, Bengalore) as Embedded System Engineer. On 11/03/2017 they put allegation on me and asked me not to come till they call. They neither provided me salary of 16/01/2017 to 11/03/2017 nor experience letter and releasing letter. After nearly 25 days waiting I asked for those documents and pending salary by sending an email, they did not responded. After nearly 2 and half month, they made a false complained against me at Malleeswaram Police Station. Police called me and I met Police Officer and answered in writing. Officer told me they are verifying the complain and gave me a date to come and meet. Again I went to Police Station and they told they are waiting for evidence, they call me with in 7 days after getting evidence from Gramtechnet Solution. They never called me again. I want to complain against company for non payment and for not providing documents related to experience.
Answers (2)

Answer #1
813 votes
Dear client,

This is regarding your query posted on LawRato.

At the outset I assume that you have been provided an offer letter and had signed any employment agreement with Gramtechnet Solution (the “Employer”), and the employer has been issuing Form 16 (TDS certificate for salary) to you since your employment with the company. Further, I assume and it seems that: (i) your employer has not served you a “show cause notice” for the allegations made against you, (ii) a domestic enquiry was not conducted against, (iii) and you were not provided a fair presentation to defend your case.

If you are an employee then you have every right to claim your salary and experience letter before the labour authorities, and you may file also a case of mental harassment against them under the Industrial Dispute Act and the Karnataka Shops & Commercial Establishments Act, 1962. If you have not been served a show cause notice and no domestic enquiry has been conducted in legal manner then it is appropriate to approach to the labour authroties.

Please let me know if you want legal advisory and documentation service for filing such case.

Best regards,
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Answer #2
901 votes
you can approach to the nearest labor Officer to get the Salary arrears. in your query you are not mention the allegation detail. and also you are not mention the complaint with respect to the Police station.
for getting experience letter you can file a complaint before the labour officer and also insist to get the salary from your employer.
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