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need legal adviceViews: 791
Oct 13, 2008 9:55 amneed legal advice#

Dushyant
hi

Me and my two friends need some legal advice against the company we used to work for.
It has been more than two months since we have resigned and been relieved. However till date they have not cleared our outstanding salaries and other funds. The total amount will be around 2 Lakhs.
We have sent over 20 mails, many phone calls and messages. But no response and no updates.
Now we have decided to take the legal/media route.
WHat can we do from a legal angle? Does this come under the consumer court? WHich is the best option? We look forward to any advice.
From the media perspective, we wish to bring this gross unprofessionalism to the notice of other people who are considering work in this company. The idea is to help others not fall into the same trap as we did. Any advice/help will again be appreciated.
regards

Dushyant

Private Reply to Dushyant

Oct 13, 2008 10:15 amre: need legal advice#

Jayant Tewari, OutSourced CFO
The problem is that any real action would result in your kissing the cash good bye .... the threat of action likely to be more effective than the action itself ...
Also depends on the reason for the default .... if its a real cash crunch there's very little you can do, if its out of spite, you stand a better chance ... depends on too many things ... would be glad to guide ...

Private Reply to Jayant Tewari, OutSourced CFO

Oct 13, 2008 2:44 pmre: re: need legal advice#

Dushyant
We are aware that if we take any action, we stand a slim chance of actually getting our money back.
Also, the company does not have a cash problem but this is purely because of the one-man-show being run in the company. Spite is the best way to describe it.
However, if all else fails, we intend to use legal action as an example and to give a warning to other people about the kind of culture in this company.
so what do we do? Is submitting a request in www.core.nic.in a good idea?
rgds
DJ

Private Reply to Dushyant

Oct 13, 2008 5:08 pmre: re: re: need legal advice#

Tiger A
I completely disagree on Jayan't Views. There are two ways to do this. You can institute a Civil suit against them. You need to decide weather you want to do this. Most people do not take an action due to the fear of bad publicity by the employer. Of course in an Ideal Situation, it will matter if you can afford a lawyer.
This is a offence, depending on your employment, which can be covered by different Laws in India. Law looks at such acts very strongly if you have a good Lawyer. if you are Delhi Based, let m eknow. I will put you through our corporate lawyers and we can fix it up.

Private Reply to Tiger A

Oct 14, 2008 4:08 amre: re: re: re: need legal advice#

Vijay Nair
Dear Dushyant,

I guess since on and after the date of accrual and non-payment, it can be classified as a debt, subject to satisfying other technical parameters, you may initiate an action to get the company wound up in terms of the provisions of the Companies Act, 1956. This definitely is not a "recovery" proceeding, but the threat of a liquidator being appointed for a solvent company would be large enough for them to settle. The Court-fee payable is also nominal and you may see a speedy resolution.

One more suggestion. If there are more than one Petition, the impact is more.




Vijay Nair, Partner
KNM & Partners, Law Offices
http://www.knm.in/

Private Reply to Vijay Nair

Oct 14, 2008 9:12 amre: re: re: re: re: need legal advice#

Ritu
'Does this come under the consumer court?
Is submitting a request in www.core.nic.in a good idea?'

~~No, the case clearly does not fall under the consumer protection Act

[[[ "consumer' means any person who-

(i) buys any goods for a consideration which has been paid or promised or partly

paid and partly promised, or under any system of deferred payment and includes any user of such goods other than the person who buys such goods for consideration paid or promised or partly paid or partly promised, or under any system of deferred payment when such use is made with the approval of such person, but does not include a person who obtains such goods for resale or for any commercial purpose; or

(ii) 4[hires or avails of] any services for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any beneficiary of such services other than the person

Who 4[hires or avails of] the services for consideration paid or promised, or partly paid and partly promised, or under any system of deferred payment]]]

Private Reply to Ritu

Oct 14, 2008 4:03 pmre: re: re: re: re: need legal advice#

SOEB FATEHI
any precedents Vijay? of ex-employees succeeding in recovering dues through a winding up petition?

Private Reply to SOEB FATEHI

Oct 15, 2008 12:56 amre: re: re: re: re: re: need legal advice#

Vijay Nair
Soeb Bhai,

Strictly speaking, there can be no precedents I can lead you to. Logical conclusion of a winding up petition is its admittance or dismissal. In either cases, the employee gets virtually nothing.

I am just suggesting this a mode to make the company pay the dues in an out of court settlement. Of course there are umpteen of such precedents but the settlement never is recorded.

Regards,



Vijay Nair, Partner
KNM & Partners, Law Offices
http://www.knm.in/

Private Reply to Vijay Nair

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