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Hi All
Thanks for your responses and guide me. now the situation is totally changed. as my lawyer ask me to talk my previous employer for amicably settlement, and i did the same. on the bases of my telecom conversation my previous employer called me and said let sit and talk about it so please come to office and discuss the same but when i reached there his PA said that the director of the company is busy and she was ask me to sign a letter and after that she will give my documents and salary later on. I did'nt signed on that letter as the language of that letter was totally wrongful and against me, which is mention below:-
i am immature and wrongly send them a notice as i was absconding from my services and i dont want to continue with this organisation due to of my some family issues and all the full and final settlement is done).
now please guide me for the same.
Regards
Kavita Kathuria
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Firstly quote the grievances stated in the legal notice sent by your lawyer. What does your lawyer advice you now. Thereafter I will be able to tell you whether a fresh notice need be given.
Hi Kavita,i understan your problem of non payment falls within purview of Payment of Wages Act and competent authority under the act is Dy. Labour Commissioner or Asstt. Labour Commissioner of the area where office of your company is located. You may approach his office,take a prescribed format to file complaint and file there your claim. Nominal court fees is also payable.
All the best.
Wages averaging less than rs.6500 per month are only protected under Payment of wages Act under section 1(6). Is she covered under the Act
Mr.Sushil. the Act has amended wef Sept 2012 and wages covered are Rs.18000. pm.However you have rightly pointed out the issue of wage limit.If Her wages are more than Rs,18000.00,then she can evoke S.33 of ID Act as she,as i understand,is not in real administrative/authority job.
Thanks for correcting with the updated information. However, under the Payment of Wages Act, she could be covered only if was working in a factory or notification was issued under section 2(h) to cover shops and establishments like in West Bengal. Remedy under Section 33C(2) of ID Act may entail her into long drawn litigation on the issue whether she was a workman. Thus resort to Shops and establishment Act will be speedier in getting her dues.
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