Clearance Of Salary Dues

[FONT="Book Antiqua"]Dear All,

Please read the following carefully and suggest as I am finding some problem in realizing my pending dues from my organization.

I am an HR professional staying in Kolkata. I was working with a manufacturing company as Manager-HR and resigned from the same in 15th Dec’10 due to some acute financial crisis that the company was facing. While I resigned at that point of time my last four (4) month’s salary was overdue to me and company has assured me to clear the same in due course. Based on that I left the organization and complied with all such separation clauses like serving notice period, handing over my responsibilities and company assets like laptop, sim etc.

Now it is almost two months and no initiative has been taken by them to clear my dues. In the mean time I have enquired about the status of my clearance through mail and each time I am getting some indistinct answers like it will be cleared when company will be able to arrange fund but no definite answer is given to me. However I know that they had already arranged some fund based on which pending salary of the existing employees has been cleared but our case has remained untouched and unsolved. Moreover I have not got any answer of my last two mails. One of my ex-colleague who is facing the same problem as mine has recently visited them at their office and while he has been given same sorts of answer and after some heated arguments he has been told that the company cannot pay him now and he can do anything he wants. Now I am really doubtful about their intention.

I am really in trouble and needs my dues back and so request you to put up some positive suggestions about realizing my dues.

Please suggest.

Rgds..

DG

Dear DG,
Please write a letter to the head of the company with a cc to the labour comissioneer for the area.
This should help. Please remember to send a register AD so that you have proof of the receip ot the letter by the company. Labour office you can just inward it.
Ideally the company should not keep your payments pending, however I am sure you must have recruicted your replacement, maybe he can help you out.
Under the payment of wages act employers are suppose to pay salaryies within 7 day of end of the month.
Wonder why you waited for 4 months.
All the best!!!!

Thanks for ur reply. however is their any other possibility by which any prompt response can be availed from their side?
I am knocking them over mail for a quite long time and things are already very long pending for me and processing for a trial under labour court will take some more time, may be 3-4 years. Please understand that I should not beg for my dues rather it is their responsibility to clear the same. Please advise accordingly any process which can result into prompt action.
People who are viewing the same are requested to comment and give some solution becoz the no. of response is very low.
Rgds..
DG

Hi to all,
Please suggest me about the notice period if any employee resigns .
And what is the procedure after resigining the employee.
Thanks & Regards
Sumedha

Dear All,
Reference to my previous post regarding clearance of my salary dues please understand that I was working as a Manager with a CTC of around 4.5 lakhs and thus I don't fall under the category of worker or labour as per Industrial Dispute Act and Payment of wages Act and under such circumstances will I be eligible to lodge a case at any labour court. Please guide. Further can you please tell me that are there any other platforms where I can refer my case like Human Rights Commission etc.
Awaiting for your reply.
Regards,
DG