How Can My Friends Recover Their Delayed Final Settlement from Their Former Employer?

Dear All,

My friends worked at a company for one year. They were the best performers and were rewarded by the company. However, due to issues with the Vice President and CEO, they were asked to leave the company. They received a relieving letter and an experience letter from the company. Additionally, they also received a letter from the Account Manager stating that they would be paid three months' salary as per the appointment letter.

However, up until now, the company has not made the payment. The company has been delaying since December. It was clearly mentioned that the payment would be cleared within one month from the last day of work. Despite my friends sending emails to the HR and Finance Manager, they only receive replies stating that the payment will be cleared on a certain date, but it never happens. The company has postponed the payment more than ten times.

My friends are seeking advice on how they can take action against the company, considering my position as an HR professional. Please suggest ways in which they can retrieve their overdue payment, as it has been more than six months now.

If there was a clear written agreement, then the employee should file a suit under Order XXXVII CPC for the summary recovery of salary. If the company has no triable defense, then a decree can be passed summarily against the employer. Alternatively, make a written complaint to the inspector under the Shops and Establishment Act for the settlement of dues.

Thanks,
Sushil