I used to work with XXX International Ltd., a company with registered office in Kolkata as Sr. Manager-Hr and left the company on 11th December’10. Regret to inform that from August 2010, they have not paid my salary, & due to acute financial crisis, I had to leave this company in Dec-2011. Till date this company has not cleared my accumulated dues comprising of salary (1st August to 11th December-2010).

This promoter along with other directors & their CEO have engaged themselves in large scale borrowing from nationalized banks, Like UCO Bank, IDBI Bank, Allahabad Bank, Indian Bank & have subsequently indulged in mass scale default of payment of salaries, bank loan repayment, statutory obligations like Excise duty, sales tax, ESI & payment of vendors & suppliers.

I have made countless calls to them to clear my dues, but there is no inclination shown by them to clear the same. Even they have refused to take my telephone calls.

In fact I am not the sole case of non receipt of payment, but most of the employees who had to leave this Theme group of companies had been denied their rightful dues till date.

We also have information that this company has received large sum of money from the its customers in last eight months, and paid up few dues of their present employees but have not disbursed a single rupee to ex employees as salary which raises question about their intention.

In this regard, one of our ex-colleague went there to realize his due salary has been beaten up by the director. It seems that that they might react in a aggressive manner to ex-employees.

I have decided to visit the office of Theme group to seek my dues along with few other employees who are already facing the same problem of nonpayment of salary. While we have no intention to create any sin in their office, but are apprehending unlawful rebuttal by them. I also presume that they (chairman and his team) may put any kind of wrong allegation on us to seek legal or police help

In such case please suggest

• What should we do to safeguard our interest so that we should not be placed in any wrong situation? And

• Suggest us proper way through which I can proceed further on realization of my dues?

• Does the offence of non-payment of salary comes under Economic Offence/ Intelligence?

From India , Delhi

Dear Mr. DG
A civil suit for recovery in addtion to damage for unreasonable inordinate delay can be filed against the organisation.
If trade union exisits in ur company, request them to file appropriate petition before labour authorities for non compliance of statutory requirements.
You can approach a good lawyer in your area and explain the case. The Lawyer can help you out in your case. Approach him with the complete team for filing the Civil Suit.
With that lawyer and other employees you can approach the police station of the concerned jurisdiction and submit an application for protection and ask the police people for help to get your dues. Before they approach the court of Law or Police, you lodge a complaint against your company, which will be helpful in resolving your issue.
All the best

From India, Kumbakonam

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