Mr. Vasudevan has given valuable advice. Kindly follow it.
Have you submitted any written communication under acknowledgment with a copy to you for non receipt of salary of first month by the usual pay day and issued reminders.
Let them reply in writing that it shall be paid in FNF settlement. You are probably in 2nd month of notice period. You may submit a tentative list of payables by company to you, and payables by you to company if any and conclude the amount of receivables from company and request the good offices of appointing authority, MD, Company Secretary to disburse say 80% of it to you to meet your financial needs. You may remark that you are facing acute financial hardship and are not able to support daily needs of your family due to non disbursement of your wages.
ITITES companies were granted exemption from provisions of Industrial Employment Standing Orders Act and some provisions of SE Act in some state and then extensions were granted.
IT and ITES Policy, 2003
GOVERNMENT OF MAHARASHTRA
9.3 Reports/Returns in electronic formats will be accepted as per
provisions of IT Act 2000. To enable IT and ITES units to
submit reports and returns in electronic formats, necessary
amendments in the following Labour laws shall be made.
Employees State Insurance Act
Factories Act
Payment of Wages Act
Minimum Wages Act
Contract Labour Act
Shops and Establishments Act
Workmen's Compensation Act
9.4. IT and ITES units shall be allowed to file self-certified
reports/returns to concerned Officers of Labour Department
State of Karnataka is contemplating to end the exemption.
The companies record salary as expense in its books. Has this company adjusted the salary for 1st month in its books?
The Inspector under SE Act /ALC can examine the records and also call for records?
4-5 months for payment of wages is not at all agreeable. You may also lodge a complaint with Wages Inspector if your wages are up to Rs.16000/pm.
If the company has filed for closure/liquidation you should act fast.
