Salary and other issue

pradip chavda (Querist) 28 July 2015 This query is : Resolved
We had worked with tulip telecom ltd. from 7th June 2010 on Gujarat Government GSWAN project. Govt. provide work to tulip through tendering procedure. 2 years we didn't find any issue like salary and allowances, but after that we are facing lots of problem like salary delay etc. some time salary was credited by govt. in our salary account. After that Govt. take decision to terminate the company, and govt terminate the service of tulip telecom ltd. still we have a pending 5 month salary and allowances. My question is "Gujarat Government is responsible for our salary and other pending dues?". we have 250 engineer in this project.

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Kumar Doab (Expert) 28 July 2015

You have posted that:

>>> “We had worked with tulip telecom ltd. from 7th June 2010 on Gujarat Government GSWAN project. Govt. provide work to tulip through tendering procedure. 2 years we didn't find any issue like salary and allowances, but after that we are facing lots of problem like salary delay etc. some time salary was credited by govt. in our salary account. After that Govt. take decision to terminate the company, and govt terminate the service of tulip telecom ltd. still we have a pending 5 month salary and allowances. My question is "Gujarat Government is responsible for our salary and other pending dues?". we have 250 engineer in this project.”

>>> “ some time salary was credited by govt. in our salary account.’

This seems to be the green light in your case.
If wages are unpaid the onus may fall upon principle employer.

>>> “ After that Govt. take decision to terminate the company, and govt terminate the service of tulip telecom ltd”
Did the Govt. inform you in writing and indicate that all of you may decide to continue or not?

Even if govt has terminated the contract and has informed you:

---the onus to pay for last 5 months/ till date of termination may fall upon govt/principle employer.

---The employer M/s tulip telecom remains liable to pay till date of continuation of employment.

If it wanted to lay off/retrench/terminate it has to pay the compensation.

Get full info on assets of the company and its directors and run a thorough check on type of liability of ownership/directors etc…….

Try to fix liabilities and do not give breathing time to anyone…………………..

The service conditions shall be governed by enactments applicable to the establishment/employer/employee e.g. Standing Orders (certified/model), Shops and Estabs Act, Factory Act etc…………… and these enactment being Act of Law/statue/instrument of law shall prevail upon any private agreement that employer has drafted and signed with employee, e.g: appointment letter/contract of employment/HR policy/Service Rules and regulations/Exit Policy/FnF policy etc…………………

The date of payment of wages is fixed and employee can lodge complaint the moment payment of wages is delayed even if by a day and employer can be penalized each time/instance.

All of you may unite hands and form a unions/IC and may approach:

Employee’s unions/Trade Union leaders e.g. CITU/INTUC/AITUC/BMS etc

Able Labor Law Consultant/Service Matters Lawyer/Law Firm

And you counsels may opine that you are covered by the def. of ‘Employee’ as in Shops and Commercial Establishments Act, ‘Workman’ as in ID Act and can draft your representations……………..and can approach:

Inspector appointed under: (Name of the state) Shops and Commercial Establishments Act: It is one of the duties of the Inspector to ensure that all Full and Final payouts and documents are supplied by employer to employee. You can even get certified copy (even if thru RTI) of the prescribed register/form pertaining to employment record e.g DOJ-LWD………………….e.g Form ‘N’ in Tamilnadu Shops and Commercial Establishments Rules

Inspector appointed under: Payment of Wages Act,

O/o Labor Commissioner,

Higher officials of Dept. of Labor

Civil Court

And Lodge complaint u/s 406, 420

File complaint with police or direct with the magistrate

File winding up petition as unpaid payouts are debt on employer

Approach media

The employer may respond to demand notice by unions/legal notice by lawyer or shall have to appear before lawful authority, court of law.