Non payment of salary
shashikant verma
(Querist) 28 March 2017
This query is : Resolved
I worked for a company for around 9 months, and from which I resigned in March-16 from the post of GM-Project. They have sent my F&F statement after resignation but have not paid my 4 months salary/dues despite continuous reminders. They even defaulted on TDS and PF, which were deducted but not deposited. I managed to get them to deposit complete TDS (including for the salary due to me and not paid by them) and partial PF after complaining on Public Grievances portals of Ministry of Revenue and Labour.. However, for the balance salary and pending PF (employers contribution), kindly advise if I should file Summary suit or Winding up notice against the company.
krishna mohan
(Expert) 30 March 2017
With all those evidences you can take the help of legal expert on service matters to issue a legal notice to settle your dues within a month and then depending upon that out come you can proceed as advised by the legal expert.
Kumar Doab
(Expert) 30 March 2017
You may approach the:
Inspector appointed under the Shos & Estbs Act. You might be covered by the def. of 'Employee' as in the Act.
Inspector appointed under The Payment of wages Act ( if you are covered by the def. of Wages as in the Act. This Act does not discriminate between the Workman and Non Workman).
O/o Labor Commissioner; if you are covered by the def of ‘Workman’ as in ID Act (You might be covered despite the designation given to you).
Or Civil Courts
Kumar Doab
(Expert) 30 March 2017
You can either agitate on your own as PIP (Party in Person: If you are confident).
The employee’s/trade unions can support you, represent you.
The employee’s Trade Unions have traditionally been strong in many states
.
Or you may take help of a local counsel specializing in Labor/service matters.
Visit Labor Court/CGIT, civil courts, HC……….. at your location and find out which counsels appear and which are the best.Your well wishers, colleagues, employee’s/trade unions leaders etc can also guide you to a very able local counsel specializing in Labor/service matters.
Kumar Doab
(Expert) 30 March 2017
Your very able local counsel specializing in Labor/service matters may opine that you can lodge complaint u/s 406,420
Winding UP petition
Kumar Doab
(Expert) 30 March 2017
PF; You can lodge complaint with RPFC.
TDS/Form16; You can lodge complaint with ITO-TDS where you file ITR
Deposit of TDS can lead to admission of debt.
shashikant verma
(Querist) 31 March 2017
Dear Sirs, Thanks for your replies. Further, i may need a small clarification. I am presently based in Delhi while my organization has registered office in Daman, and corporate office in Mumbai. Can i file a Civil suit (if I decide to file the same) in Delhi or it has to be in Mumbai?
Kumar Doab
(Expert) 07 May 2017
The jurisdiction of courts can be contentious issue :
as inserted under jurisdiction of courts in appointment letter/contract of employment
Location of employee, where cause of action has arisen
Redg. office of the company
Corporate/Controlling O/o of the company
Your own very able local counsel of unshakable repute and integrity specializing in Labor/service matters can opine after due examination of all related docs of your employment/communications etc etc
shashikant verma
(Querist) 07 May 2017
Thank you sir. Place of appointment was in Gujarat, corporate office of Wind World India Limited is in Mumbai, Registered office is in Daman. Appointment letter was issued by Mumbai office, and there is no clause of jurisdiction. I am based in Delhi. In such a case, for finalizing the jurisdiction (which I believe may be Daman) I would like to hire a suitable lawyer so that I can share my documents and file the case. Request inputs on the same
shashikant verma
(Querist) 07 May 2017
Thank you sir. Place of appointment was in Gujarat, corporate office of Wind World India Limited is in Mumbai, Registered office is in Daman. Appointment letter was issued by Mumbai office, and there is no clause of jurisdiction. I am based in Delhi. In such a case, for finalizing the jurisdiction (which I believe may be Daman) I would like to hire a suitable lawyer so that I can share my documents and file the case. Request inputs on the same
