Non payment of wages
SANJEEV
(Querist) 23 May 2014
This query is : Resolved
hello,
i was a pilot (in capacity of a VP)with a reputed company in nagpur with its head office in nagpur and registered office in kolkatta. This company did not pay wages for 09 months. i finally left the company with a notice for non payment. other defaults are non payment of IT deducted form salary for 18 mths and non deposit of EPF for the period salary not paid.
my querries are as follows:
1. can i file a criminal complaint with police for EPF. i have already approached EPFO nagpur, however that has only resulted in the company depositing EPF for the month the salary was credited (one year late)
2. what process should i follow on IT dues as that has made me a tax offender.
3. If i want to proceed with winding up petition, then can it be filed in nagpur or only in kolkatta in my case.
regards
Surrender K Singal
(Expert) 23 May 2014
Defaults may be informed to the concerned Departments and how are your concerned about it ?
SANJEEV
(Querist) 23 May 2014
am sorry sir, i have not understood the reply.
i am looking for guidance on how to go about recovering my dues which is a huge amount.
Surrender K Singal
(Expert) 23 May 2014
Company can be proceeed against it nder The Company Laws which can be done even online at mca.gov.in
Kumar Doab
(Expert) 23 May 2014
Winding Up petition is a specialized subject and should preferably be handled by a lawyer well versed with it.
YOU may refer to
>>> COMPANIES ACT, 1956 [Act No. 1 OF 1956]
2. DEFINITIONS (11) "the Court" means, -
10. JURISDICTION OF COURTS
http://www.mca.gov.in/Ministry/pdf/Companies_Act_1956_13jun2011.pdf
The sections are crystal clear.
>>> The senior executives do succeed in such matters.
You may pursue:
Delhi High Court
Argha Sen vs Interra Information ..
http://www.indiankanoon.org/doc/1941604/?type=print
It is reiterated that let the matter be handled by a lawyer/law firm expert in this field.
Other threads by querist:
http://www.lawyersclubindia.com/experts/Non-deposit-of-epf-by-employer-473871.asp#.U38mWkeBmXU
http://www.lawyersclubindia.com/experts/It-deducted-form-salary-and-not-deposited-with-it-dept-n-form-16-not-issued-473881.asp#.U38rMEeBmXU
Rajendra K Goyal
(Expert) 23 May 2014
This is your money, embezzled by the company and was not deposited in Govt. account, you can lodge police complaint.
If you have TDS certificate from the company or the fact is shown in your salary slip and the tax was not deposited by company in govt. account, you should inform the Income tax Department. You are not at fault.
Send legal notice for payment of your outstanding.
Sudhir Kumar, Advocate
(Expert) 23 May 2014
I never like to diagree with Mr Kumar Doab.
The company act will come in operation if the winding up due to liquidated default is there.
I am also not able to agree with Mr Surender K SIngal.
The querist is clear that he is concerned with his money which is embezzld. If he had income of which tax is deducted and which is not deposited in IT Deptt the he is himself liable tpo pay tax which has been snatched from him (as reported by him)
Sudhir Kumar, Advocate
(Expert) 23 May 2014
I tend to agreewith Mr RK Goyal
I would add that in case employer share has been deducted and not deposited with EPFO then it is congnizable opffence u/s 406 IPC and local thana is empowered to act without complaint from EPFO merely on his complaint (if they want to do). In addition it is also an offence under EPF ACT 1952 but case unde this provision can only be file dby EPFO
If only employer share is embezzled then IPC may not operated as it is merely an offence under EPF ACT 1952 but case unde this provision can only be file by EPFO
Sudhir Kumar, Advocate
(Expert) 23 May 2014
Notwithstanding the above, when PF is not deposited you can given written complaint to RPFC for action u/s 7A and request for you to be allowed to be present in quasi-judicial hearing.
Sudhir Kumar, Advocate
(Expert) 23 May 2014
why are you scattering facts on so many threads. why not to continue one.
Kumar Doab
(Expert) 23 May 2014
IN other threads initiated by you have mentioned that upon lodging complaint with EPFO employer deposited PF.
Submit proof of TDS by deductor (Employer) and complaint with ITO-TDS, jurisdictional CIT-TDS as posted in other threads initiated by you, and you shall see the employer running to deposit TDS.
Their actions can be severe.
If you are not able to handle on your own approach your I.Tax Lawyer/CA.
SANJEEV
(Querist) 23 May 2014
Firstly i apologise for distributing three different aspect interlinked in three diff threads.
Secondly - on EPF issue. the complaint has been filed to Reg PF office in Jan and a reminder in Apr 2014. thereafter, I find the EPF or the month of April 2013 deposited on 08 May 2014. no deposits after that.
The PF commissioner tells me that while action under sec 7A is in vogue, No criminal offence accrues since the company has not paid me any salary for the remaining months.
The situation is that i have been paid some advances in place of salary from May 2013 to jan 2014 (i quit in Jan 2014). Advance have been paid at very irregular intervals and amount to just 15-20 percent of overall salary for the 10 month total salary figure. However i have play slips for May - Aug 2013, given to me during my employment. there is one bank entry - Jun 2014 salary - in my salary bank account which the company claims as wrong entry by bank, with that being April salary. They are hiding criminality under garb of non payment of salary hence no criminal offence on not depositing EPF.
with above facts can i still claim criminal offence on non deposit of EPF atleast for the months of May to Aug 2013, the months for which i have the salary slips.
