Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

NILANJAN   06 July 2015

Dues not cleared

Hi,
I left an I.T. organization based in Kolkata in November 2014. My Salary was unpaid since May 2014 & it still is unpaid for. When I quit, the company properly furnished all documents regarding my tenure including my proper release letter. Post resignation I have mailed the company about 6-7 times without any response. Recently I have received Form 16 from the company which has accounted for the unpaid period too. That is one of the reasons why I was waiting till now to move legally, I wanted to have the form16 with me as another weapon in my armoury. What are the options for me to recover my dues.

Please assist.

Regards,
Nilanjan Gupta.



Learning

 3 Replies

Kumar Doab (FIN)     06 July 2015

 

Don’t expect any relief from HR and Line Managers, Legal cell personnel. They have to subscribe to orders of their masters and defend their interest and job and may not provide any relief to you.

Don’t remain entangled with them.

IT company is covered by State Shops and Commercial Estabs Act that was enacted to govern the service conditions of employees working in such establishments………………In your case it shall be:

West Bengal Shops and Commercial Establishments Act

West Bengal Shops and Commercial Establishments Rules

 

The standing orders are applicable of establishment employs 50 or more employees, and if standing orders are not certified Model Standing orders shall apply.
Model Standing Orders; Sec13-18…………..

The service certificate and FnF dues are to be supplied by last day in office.

What is the fate of PF,ESIC?

Has the salary slips of each month, and acknowledgment and acceptance of resignation etc been supplied.

 

These enactments shall prevail upon any private policy or rule or any agreement drafted by employer and signed with employee e.g. HR policy, appointment letter/contract of employment etc.

All of these enactments are available on website of Dept. of Labor of West Bengal.



You may write to appointing authority/MD and claim that nothing was ever pending at your end and you have represented to (mention names, dates, designations, minutes…………….phone numbers, email ids etc) hence you should have been supplied on LWD itself with correct FnF statement (showing computation of earned wages/bonus/OT/leave encashment/reimbursements/incentives etc) and FnF payouts by bank DD, service certificate, relieving letter, Form16 as per correct FnF statement, NOC/NDC, PF number and a/c slips,ESIC card, salary slips of all months etc………..but despite endless representations these were n ot supplied and even later thru redg. Post  and call upon to supply these immediately so as to reach you in say next…………….7 days by Redg. Post only.

 

Thereafter you can resolve the matter in your favor with your own skills or approach (under expert guidance of your counsels):

---The Inspector appointed under West Bengal Shops and Commercial Establishments Act, Payment of Wages Act……


---O/o Labor Commissioner

---Highest Officials of Dept. of Labor West Bengal 


----IT-ITeSEmployee’s/Trade unions e.g. CITU/INTUC/AITUC/BMS etc


----Your Labor Law Consultant/Service Matters lawyer/Law Firm

----RPFC thru nearest PF office


----Jurisdictional ESIC office

----ITO –TDS where you file ITR and CIT-TDS where company files ITR and claim that how can it be done without actually paying the amounts to you?

Your counsels may opine that you can lodge criminal complaint u/s 406,420 and file winding up petition as unpaid wages are debt on employer.


The chances are that your counsels with their skills may resolve the matter in your favor.
Or you can approach court of law.

NILANJAN   06 July 2015

Hi Mr. Kumar,
Thanks for your prompt reply.

To answer your queries:

1) The Service Certificate (Release letter) was supplied on the Last day at office.
2) F&F dues were not mentioned.
3) PF has been cleared, I don't fall under ESI.
4) Salary Slips till Feb 2014 were provided (Salary was credited directly to Bank Account, thus Bank Acc. is another proof which shows that I was not paid Salary for the duration mantioned.

Your following observation makes me curious:
"Your counsels may opine that you can lodge criminal complaint u/s 406,420 and file winding up petition as unpaid wages are debt on employer."
By winding up what do you mean? Is it really possible for an employee to file winding up petition against an employer? If so whats the way forward, as I would definitely want to have a look at this option.

If what I mentioned above is beyond my capabilities I would like to undertake the following course of action:
1) As mentioned by you I'll provide a detailed synopsis of my service & dues to the company via registered post mentioning a time-frame for reply.
2) If this doesn't elicit a reply, I would be compelled to file a legal notice.

Please let me know if I am on the right track.

Thanks & Regards

Nilanjan Gupta.

 

Kumar Doab (FIN)     06 July 2015

Unpaid wages/pending dues  of employee are debt on employer and employee(s) at all levels can approach as creditors to wind up.

 

Salary slip of months from March-Nov14 are to be supplied.FnF statement is toi be supplied.

Limitation under Payment of Wages Act is 1 year.

 

Go thru:

West Bengal Shops and Commercial Establishments Act

West Bengal Shops and Commercial Establishments Rules

Employer has to maintain and submit various registers (even if in electronic form however as per prescribes registers as in West Bengal Shops and Commercial Establishments Rules) pertaining to work hours,OT,earned wages, amounts paid,bonus ,leave encashment etc...................and falsification of record is offence.

Employee can obtain record thru Inspector or thru RTI with Inspectorate.

One of the duties of the Inspector are to ensure all payouts and docs to employee are supplied.

 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register