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It is not clear that you have resigned or not?
Employee should not give a very long rope to employer that defaults on payment of wages.
Your labor consultant/service lawyer may opine that the limitation period in your case may be 3 years.
Your employer may be happily waiting for this period to expire.
Therefore you may approach labor consultant/service lawyer AS AP and show job advertisement, job application, interview call letter, selection letter, offer letter, appointment letter, standing orders applicable to the establishment and extended to your designation (certified/model), any service agreement/bond/Non Disclosure-Non Solicitation-confidentiality agreement signed by you, and proceed under the expert advice of your lawyer.
You may issue notice/legal notice to supply by redg. Post the acknowledgment of notice of resignation/resignation, correct FNF statement for verification by you, payment of FNF dues by bank DD only, Form 16, PF number-account slips for each year of employment, salary slip of last month and each month of employment, ESIC Card (if eligible), NOC/NDC, Notice of Determination of Gratuity ( if eligible ), service certificate, relieving letter………………etc. so as to reach you within next 7 days, thru Redg. Post only.
You may add that postage prepaid self addressed envelope (as purchased from PO) for sending documents and DD by redg. Post to you is attached.
You may prepare a FNF statement on your own (include PL, Bonus, Incentives, commissions, Gratuity etc) and claim payment, under proper acknowledgment and if possible obtain a confirmation that the amounts shall be paid soon THUS PLACE ON RECORD THE “DETERMINED DEBT” AND HENCE AMOUNTS COMPANY OWES TO YOU.
The non Payment of wages is breach of trust by employer that has to pay monthly wages after a month’s long hard work extracted from employee. The employee can lodge a complaint the minute the payment of wages is delayed. The employer may be fined say Rs.7500/instance.
Earned wages should be paid on usual pay day and if employee has resigned the FNF dues should be paid within last day in office or say next 3 days or max. by usual pay day
.
If company has defaulted on payment of wages it must have defaulted on PF, Gratuity, ESIC, Bonus, TDS………….etc
The employees can approach:
--- Trade Unions e.g; CITU, AITUC, INTUC ............................
--- Inspector under (Name of your state) Shops and Commercial Establishments Act, If it is commercial establishment.
The employer has to maintain and submit requisite forms and registers according to Shops and Commercial Establishments Act.
If the employer makes false entries it is offence.
--- 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.
You may refer to: Payment of Wages Act; Sec13A and 2: 3*[(i), (ia), 3*[(vi), 3, 4 ,5, 13a, 14, 15, 16, 17A, 20………….. and if the Inspector agrees to cover you may immediately submit Form’N’ for recovery of wages.
--- O/o Labor Commissioner
--- ESIC Inspector;
--- RPFC in nearest PF office
--- ITO; TDS where you file your ITR
--- CIT-TDS (jurisdictional) where company files ITR
---Controlling Authority of Gratuity
---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
You may proceed under the expert advise of your lawyer.
