How to recover the salary pending from employer?


First for you to get your 6 monthsÕ salary you need to send a legal notice to your employer and if he does not reply to the notice within the stipulated time then you can file a suit under Section 33(c) of Industrial Dispute Act, 1947 recovery of money due from an employer. When the salary is due from the employer, you yourself or any other person authorized by you in writing on your behalf can claim recover money. In case of any discrepancy or non-payment of salary one can approach the labour commissioner to seek redressal.

If your salary is less than 18000 you can file a case in the labour court for salary exceeding than 18000 you have to file a suit in the civil court. You will have to file a civil suit under the order 37 of the Civil Procedure Code,1908. A Suit for recovery of money is a civil remedy and acts as an effective tool to recover money from the accused.

The suit can be established under Order IV of the Code of Civil Procedure 1908 (CPC). It is generally like a summary suit (Order 37, Code of Civil Procedure) which offers expeditious disposal of the suit as here the defendant is not entitled to defend as a matter of right but only after applying for leave of the court, he can defend.

Reference: Section 33(c) of Industrial Dispute Act, 1947
Order 37 of the Civil Procedure Code,1908.



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