From your post it is loudly clear that you are not properly informed and did not consult an able Labor Law Consultant/Service lawyer…………………………….employee’s/Trade Union leaders while you were in employment and facing issues.
Employees should become mebers of unions, be properly informed and retain access to a good lawyer, always!
1. You have posted that:
---“ my MD sacked me from Job stating that incase we have job opening we will call you on job”
You wish to mention that:::: You were sacked……………….implying that you were terminated/dismissed. Can you establish it by producing any evidence e.g. termination order…………….etc?
--- “ask me to resign”
Did you resign by submitting resignation letter?
If yes: did you submit notice of resignation with notice as per notice period stated in appointment letter issued to you………………………..or you submitted resignation without any notice period stated in it?
Was your resignation accepted in writing:::: if yes from which date:::::implying before expiry of notice period tendered by you or after the expiry of notice period?
If you resigned with immediate effect then company may square off your dues by adjusting notice pay.
If company accepted your resignation before expiry of notice period then you can either claim it as illegal or accept notice pay.
---““ my MD sacked me from Job ………………………………later after a month he called me upfront and ask me to resign ”
What were you doing for one month after you were sacked? Were you attending office or company asked you in writing to stay out of office for 1 month and not to do your job?
If you were absent on record for 1 month then you might have been recorded as absconding………………………be charged for misconduct………………………. and company may decline to pay any wages……………………….or notice pay………………….and may even claim losses as having been caused by you.
---“ promised me on email he will clear my due .“
You seem to have some document on record that company admitted to clear the dues.
This may work as admission on unpaid dues…………………………….unpaid wages are debt on employer..!
---“ i am in other job my currently company will never allow me to do any work which is not related .”
You have not drafted your query properly and it is confusing.
Do you mean to say that you are working elsewhere and your Director shall not allow you to work in similar field?
Indian Courts of law have consistently been declining to enforce Non Compete Clauses/agreements post termination of employment……………………as it hits rights to earn livelihood and clauses of Indian Contract Act…………………………….
If there is no such clause or agreement signed by you then your Director can not claim any such restriction………………………..
If you have signed any such clause or agreement then it may not stand test of law.
---“ My salary got on hold for 5 month stating that I have to clear debtor list of corporate which business I got in the company . than only I will get 5 month salary which was on hold from October 2012 - Feb 20”3"
The employee can lodge a complaint the moment payment of wages is delayed even if by a day from the set date of payment and employer may be penalized by say Rs.7500/instance………………
NO deduction that is not defined and hence allowed by statue, enactments applicable to the establishment…………………….can be made from earned wages………………………………….or there has to be some private and valid agreement between employer-employee for deduction from earned wages.
Employee is not responsible to pay his wages if customer of the company that has enjoyed the service does not pay for the service. Employer/Director/Owner can pursue legal recourse to recover the payment.
---“ I had work for Hospitality firm in Kambala at mumbai for 5 year , as Assistance Sales Manager”
You are eligible for Gratuity, Leave Encashment, bonus etc…………………
Since you have been sacked/or you have resigned…………………………..(that you have to confirm): you have separated by a valid way of separation hence employer is under obligation to supply you the acknowledgment of notice/resignation/acceptance of resignation or termination order (whatever it is in your case), FnF statement for verification and acceptance by you, service certificate, relieving letter, Form16, PF a/c number and account slips of each year, salary slips of each month, NOC/NDC, notice of determination of Gratuity and its payment, etc…………………………on last date in office or say within next 3 days…………………….and max. by usual pay day.
2. Such company in Mumbai should be covered by Bombay Shops and Commercial Establishments Act that is so employee friendly.
Designation alone does not decide person shall be covered by def. of ‘workman’ as in ID Act, ‘employee’ as in Shops and Commercial Establishments Act.
3. You may without any hesitation approach:
Your able Labor Law Consultant/Service lawyer and your lawyer may ask you set of structured questions and advice you on merits and remedies.
4. You can approach:
Employee’s Unions,
Trade Unions
Inspector under Bombay Shops and Commercial Establishments Act
Inspector under Payment of Wages Act: applicable to all employees drawing wages upto Rs.18000/pm as per def. of ages in this Act
O/o Labor Commissioner: (State/Central ) as applicable in your case
Civil Court
And lodge complaint u/s 406, 420…………………..
or file for winding up of company
Preferably thru your able Labor Law Consultant/Service Lawyer……………………
You may proceed as deemed fit at your end.
