Employer Avoids Paying My Salary and Changed Contact Number – What Should I Do Now?

Dear Management,

I was working with a company named Mapple Technology located in Sec 14, Koparkhairne. The person's name was Pankaj Jaiswal. He appointed me as an admin but did not pay my salary for the month of December 2014. He issued me a salary cheque for the month, but that cheque bounced.

Since then, I have tried to resolve this issue several times, but he has made false promises. It has been a year now, and he does not reply to me. They are not picking up my calls or responding to my emails. I have his new number, but he does not answer my calls.

Please advise on what steps to take in this situation. I am eagerly waiting for a satisfactory response.

Thank you.

I don't think you can do anything. The company has closed, and the owner has changed his number. I am sure he has no intention of paying.

Any criminal case on cheque bouncing should have been filed within a month. After one year, it's not going to be accepted. Also, you need to have his residence address to be able to deliver the summons in any case. It will probably be a waste of time.

Dear Saswata Banerjee,

This company has not yet closed; only the person who appointed me is not responding to my calls and texts. That person is the brother of the owner of the company, and I have also spoken with the owner. However, he is just refusing to pay me and said, 'My brother is not in contact with me; you go and search for him on your own.' What can I do now?

Thank you.

Think in terms of registering a police complaint that someone has not paid your salary and has changed their address, etc. Since it is a registered company, write to the Registrar of Companies as well.

There is no point in sitting idle about non-payment of salary. Involve the brother in the police complaint. This may help to some extent.

Legal Recourse for Non-Payment of Salary

I wonder how police authorities can take cognizance of non-payment of salary, which is essentially a right created out of a contract of employment. There is no point in wasting energy in making a complaint with the police.

From the limited details, it appears the company must be an establishment registered under the Maharashtra Shops and Establishment Act. A complaint against the company lodged with the Shop Inspector may help to recover the salary.

Alternatively, as suggested by Saswata Banargy, filing a complaint under section 138 for the bouncing of a cheque is the best remedy.

Post Heading and Content Mismatch

Your post heading does not match the contents of the post. Further, now you give us some details which are further from the original post. If you provide incomplete or incorrect information, how do you expect a "satisfactory answer"?

Request for Additional Information

Do you have proof that you worked in that company? How long did you work there, and why were you removed? Who gave you the check, who signed it, and whose bank account was it from? You have not given us the details. Without those, any answer will be incomplete or possibly misleading.

Yes, I have my appointment letter as proof, which shows that I worked there. The cheque was given by a person named Pankaj Jaiswal, who appointed me; he is the brother of the owner of the company. From the very first month, I was facing salary issues and used to receive part payments. That's why I decided to leave the company and resigned.

The same situation happened with my colleague, and she resigned at the same time as I did. She received her salary only because her parents came to the company and confronted him.

Thank you.

Payment Dispute Resolution

If the cheque was given by a person other than your employer, then you were not working for the company, even if the appointment letter was from the company. The company will claim that you didn't work for them, but for his brother, which has nothing to do with them.

If you were being paid by the company, the procedure you need to adopt is:
- Meet the labor commissioner.
- File the application he needs.
- Send a legal notice to the company to claim your pending wages along with costs.

Dear DKMONLINE01,

I have been appointed as an Administrative Executive at a firm named Mapple Technology Pvt Ltd. The company's address is Shop No. 2, Ground Floor, Gahalot Management College Sector-14, Koparkhairne, Navimumbai, Maharashtra. The phone number is 022-27555888.

In my role, I am responsible for opening and closing shifts, which typically span about 12 hours. Unfortunately, from the very first month, I have not received my salary on time. Additionally, the company has been delaying payments to other employees as well.

Thank you.