In great peril.... need assistance for fnf settlement..

You have mentioned ‘Asst. Manager’ against your name.

The designation alone does not decide individual shall be covered as “Workman’ as in ID Act, ”Employee” as in Shops and Commercial Act or not.

Your labor consultant/service lawyer may ask you a set of structured questions and may opien that you shall be covered.

The employee can lodge complaint the moment his wages are delayed even by a day! The employer can be penalized…………………….. say Rs.7500/instance!

The FNF wages should be paid on last day in office, within say 3 days or max. with in usual pay day. No private policy of the company can override the law/statue!

Do you have copy of resignation tendered by you and did you tender notice of resignation or resignation with immediate effect? Did you mention that on dated Mr/Ms…………….demanded resignation with immediate effect from you and this is being submitted on his/her demand and no notice period/pay shall be applicable and levied as committed by him/her?

What was the notice period applicable to you and did you tender it and serve it?

Did the company issue acceptance of resignation, FNF statement showing amounts payable to you or any other communication accepting the amounts payable to you and salary slips of each month of employment?

Did you submit any communication/statements of amounts payable to you by company and payable by you to company and hence net amounts payable to you?

Did the company reply?


The idea is to decide the determination and acceptance of debt! 




What is this establishment; Commercial, Industrial, Small Enterprise?

What is your trade e.g; banking,insurance?

You and redg. Office of the establishment was located at which place?

Did the company provide any salary slip to you?      

If you have any evidence of forced resignation then forced resignation can be termed as deemed termination. IN such case employer shall have to tender notice pay!

Employer should have supplied acknowledgement of receipt of (forced) resignation in writing, service certificate, relieving letter, FNF statement for verification and acceptance, payment of FNF dues by bank DD, PF number-a/c slips, ESIC card, Form 16 is issued ands supplied by redg. Post before and within and up to last date in office.

If employer has defaulted on payment of wages it must have defaulted on EPF,EPS,EDLI, ESIC,TDS…..etc
Employee can approach:

--- Inspector under Payment of Wages Act: applicable to all employees drawing wages up to Rs.18000/pm as per def. of wages in the Act. 
Refer to: Payment of Wages Act; Sec13A and 2: 3*[(i), (ia), 3*[(vi), 3, 4 ,5, 13a, 14, 15, 16, 17A, 20…………..

The employee should approach within 1 year or has to get the delay condoned.
Employer has to issue wage slip to all employees.


--- O/o Labor Commissioner

----RPFC thru nearest PF office ;The 

----ESTC Inspector in jurisdictional ESTC office


--- ITO; TDS where you file your ITR


CIT-TDS (jurisdictional) where company files ITR
There are provisions for penalty/punishment for non issuance of Form16 by the deducator…………..
----Lawyer/Law firm

---Civil Court

Employees have been contemplating to file criminal complaints u/s 406, 420……………………………and to approach employer as creditors treating unpaid wages as debt on employer e.g;

https://www.lawyersclubindia.com/forum/details.asp?mod_id=72011&offset=1#.UvYBGEeBmXV

Before you act further It shall be appropriate to show the job advt, job application, interview call letter, offer letter, selection letter, appointment letter, CTC sheet, Salary Structure, Salary slips, STANDING ORDERS APPLICABLE TO THE ESTABLISHMENT (CERTIFIED/MODEL) AND EXTENDED TO YOUR DESIGNATION, HR policy, Service rules and regulations, conduct and discipline policy,resignation letter, etc …………. Communications exchanged with company to a competent and experienced Labor consultant/service lawyer at your location, give inputs in person and proceed under the expert advice of your lawyer.



There are many threads on similar queries that you may find relevant e.g;

https://www.lawyersclubindia.com/forum/Termination-clause-in-appointment-letter-99313.asp#.UylRB0eBmXU

https://www.lawyersclubindia.com/forum/Winding-up-petition-by-ex-employees-99326.asp#.UylRBUeBmXU

https://www.lawyersclubindia.com/experts/Non-payment-of-salaries-dues-by-employer-465956.asp#.U0qY_EeBmXU

please come with full facts if any more facts are there.

If you reply to each point in all posts your understanding of the issue would be better.

Were you under probation or were you a confirmed employee from day1?

How many employees are employed in company?

If standing orders are applicable and are certified then refer to Certified Standing Orders (CSO) if standing orders are not certified but are not certified Model Standing Orders shall apply.

Company should display standing orders at a prominent place e.g. Notice Board and must supply certified copy to employee on demand even if against a nominal cost say Rs.10/-

Employee or anyone can obtain certified copy from certifying officer (CO, that may be DLC in o/o Labor Commissioner at location of redg. Office of the company) against a nominal cost say Rs3/page.

Model Standing Orders; Sec13 to 18: Notice Period during Probation is NIL and after confirmation 1month only. Service certificate has to be supplied to all employees. Employer is personally held responsible for faithful observance of standing orders or can be penalized for violations.

Haryana follows Punjab Shops and Commercial Establishments Act; Sec;2(iv)(vi) (vii)(viii),3, 4, 23

For service period less than 3 months notice period/pay seems to be NIL.

If you are covered as def. of Employee ( you might be) then you can invoke the provisions of this enactment, and invoke Inspector appointed under this act. Local O/o Labor Commissioner can provide you contact detail. Labor Inspector might also be officiating as Inspector under Punjab Shops and Commercial Establishments Act, at Gurgaon.

You may also go thru: THE PUNJAB SHOPS AND COMMERCIAL

ESTABLISHMENTS RULES, 1958

In Haryana Trade Unions have been very strong and have defended the rights of its members.

You can approach them e.g; INTUC,CITU, AITUC, Bhartiya Mazdoor Sangh………………….           

All of the affected employees may stand as witness to each other and can approach Lawyer and Lawful authorities jointly.

If the company is in the habit of extracting work from its employees and then extract resignation from them, square off their dues with notice period/pay and thus make them work without pay then it is a serious matter. The employees should generate evidence and may agitate.

 It shall be appropriate to consult a lawyer understand the merits and proceed under expert advice of the lawyer.

 Employees from various trades are affected and all of you must unite to defend your rights.

There are many threads e.g;

https://www.lawyersclubindia.com/experts/Relieving-letter-withheld-464921.asp#.U0ua20eBmXU