Company Ignored My Legal Notice for Unpaid Salary – What Are My Next Steps?

Company terminated my services without a valid reason. I had sent a legal notice through a lawyer to the company to reinstate employment and recover unpaid salary. However, the company didn't reply within the timeframe mentioned in the legal notice.

What should I do now?

Request the lawyer to proceed by filing a petition before the appropriate forum for the claim of reinstatement with back wages.

Dear Rupal,

When the company prefers not to reply to the lawyer's notice, it shows that they have made up their mind to settle the issue legally. Therefore, the only option you have is to file a suit.

By the way, before your termination, did the company conduct a domestic enquiry? What were the reasons for your termination, valid or otherwise? How were your relations with your manager?

Please provide further information.

Thanks,
Dinesh Divekar

Hi all,

Thank you for the quick response. Management offered a bench letter and instructed me in writing to report the designation and work location to look for internal job postings. I and the management signed and accepted the bench letter on the condition that the designation work location would be the reporting location. However, they didn't provide access to the office and forced me to report at a different location. I refused to breach the agreement. After that, management terminated my services.

There could be two reasons for no reply to a legal notice. The company does not think the ex-employee will really go to court and spend his time and money. The company is ready to face litigation.

What were the circumstances of your termination? Was it not as per the appointment order?

Dear Rupal,

Case 1: Have you read the bench letter clause? Because you have signed it. If any clause were there to terminate your service, then it would be legal. In this case, you are not advised to file a civil suit.

Case 2: If there were not any clauses to terminate your service, then you have full right to file a civil suit.

Regards, Ravi K Assistant Manager IR

You can file a demand notice under section 2-A of the Industrial Disputes Act, 1947, claiming reinstatement in service or compensation in lieu thereof from the Company. Before commenting on the issue, one should try to determine the category of the employee to ascertain if they fall under the definition of an employee as defined under section 2(s) of the ID Act, 1947. If you meet all the requirements of section 2(s), you can directly file a demand notice before the competent officer (Labour Officer cum Conciliation Officer/ALC) concerned.

Dear Rupal ji, it seems you are from Delhi. Just find out whether the Delhi Labour Commissionerate office has a special service like the Maharashtra Labour Commissionerate office, namely the Personnel Management Advisory Service Scheme (PMAS). It is an 'informal' mediation machinery that deals with disputes between employees and employers, apart from the statutory conciliation machinery. You can try this if it is available in Delhi, irrespective of your position or designation. Mostly, this type of service is not available in Delhi. In Maharashtra, many stakeholders are not aware of it.