Under Indian employment Law, can I sue my Company for not paying me the salary for 2 months?

Question

I was working for claims division of my company, I got transfered to the I.T division of it which initially was a seperate company and then merged into our company, so both of them maintain a different payroll. I was told I am being transfered and I will still be on claims division payroll.
As soon I joined the IT division I had to leave to UK for an assignment. After coming here I was told that I hav been considered a resignee from Claims division and will be on payroll of IT division. I have not been given an offer letter from the IT division and have not being paid my salary from last 2 months and this is the 3rd month.

Please let me know, what can I do....

Answer 1

Do you have the written transfer order according to which you were asked to join the IT division & on the basis of which you joined the IT division? Since you had to leave to UK for an assignment as you had joined the IT division that too must be told to you by some written order & informed the details of this assignment in writing. This will show your being joined in IT division & taken up the assignment from this division that made you to travel to UK. All these documents as I mentioned above are sufficient to prove your transfer from claim division to IT division & joining of the IT division & even proceeding with an assignment from IT division. On the basis of all these documents you can claim your due salaries from the accounts section of your company & if they refuse to do so you can move the court for claiming it after serving the company with a legal notice for the same. Merger of two companies in one & moving staff from one division to another is definitely prerogative of the management but that doesn't give them right to refuse or ignore their staff for salary or other benefits for which they are entitled as per the terms & conditions of joining the company initially.

Answer 2

Go directly to the state labor board. There is no reason for not having paid any employees. They have all the pay plans and offer letters in writing on paper. They could use those and do manual checks for everyone. And for them to tell the people that did get checks to give the back is wrong. The only thing that comes to my mind when I read this, is that your company is filing Bankruptcy and does not want the employees to know yet. When a company files BK they are not allowed to pay employees or any of their bills until it is approved through the courts because technically the money on hand in the company is no longer theres. It belongs to the BK court and they have the say on what gets paid and in what priority. Sorry.

Answer 3

yes u can sue the company provided u have employment letter from the company. and it also depends on the conditions of employment mentioned in ur employment letter ( for joining claims division ).
pls take all papers to a lawyer who specialises in labour court cases

Answer 4

Yes, you can, but your narration is ambiguous, you try to seek help from the Asstt.Labour Commissioner regarding your problem. If you are covered under Industrial Disputes Act, or Payment of Wages Act, you can seek redressal for non-payment.

Answer 5

Just let them know it is paper work an if it is a us company yes you can sue but try to work it out frist sounds like somebody droped the ball

Answer 6

go to the labour court and complain& search for a job in another company

Answer 7

Its better to discuss the matter with an advocate...he/she can help you...Pls go through this site http://www.advocatekhoj.com

Answer 8

do u have any proof that u worked there...if yes then u can...