Employer not paying salary & gratuity. pf & tds not deposited
Pracheen
(Querist) 29 April 2014
This query is : Resolved
R/Sir,
I had worked for Tulip Telecom Ltd. I left the company in Nov 2012 after completing my notice period and have worked there for about 8 years. The company went into financial crisis due to fraudulent and irregular practices and last month the CMD got arrested for Service Tax evasion.
I received a relieving letter with full and final settlement details after I left the company but did not received my FnF amount including salary for the last month as well as gratuity and other dues. Moreover the company has not deposited provident fund since May 2012 and even the TDS deducted is not deposited with IT dept.
I have already sent couple of emails and letters requesting release of payment but have got no response. I need guidance as to whether the money is recoverable and if yes, how should I go ahead?
Regards,
Pracheen
Kumar Doab
(Expert) 29 April 2014
You were in which state?
The redg. Office of the company is in which state?
You have given very long rope to this unscrupulous employer.
You should not have waited for such long.
You may submit a letter under proper acknowledgment addressed to appointing authority,MD………..that notice of determination of Gratuity has not been supplied to you despite your representations in office on dated……………………to Mr/Ms……………………….
(Date of resignation/separation) from actual DOJ to actual DOL, and FormI is attached.
You should fill FormI accordingly i.e. actual DOJ to actual DOL and submit it preferably by redg. Post and obtain POD and certified copy of runs sheet of postman from PO, and/or manage to obtain acknowledgment with seal, signature, date from school on your copy of FormI.
You may mention that postage prepaid, self addressed envelope is attached for sending the chaque and reply by redg. Post to you.
The employer is defaulter and there are chances that the company may be set for liquidation in due course of time by due process of law. If it happens the turn of employee’s dues (Workman; we do not know whether you shall be covered as workman or not. your lawyer can opine on it) comes in last that too pari passu with bank dues………………….
You may go thru;
http://www.lawyersclubindia.com/forum/Company-in-liquidation-77247.asp#.UbRtnOeAqWN
You may submit your claims to o/o Labor Commissioner, Controlling Authority of Gratuity (DLC-Gratuity), Inspector under Payment of Wages Act, Inspector under Shops and Commercial Establishments Act, RPFC,…………….ASAP, and ask for recovery.
Your lawyer may opine to file complaint u/s 406, 420 and to file winding up petition so as to extract your dues before he raises his hands…………………………………
http://www.lawyersclubindia.com/forum/details.asp?mod_id=72011&offset=1#.UNRXofLZ1JI
Sankaranarayanan
(Expert) 29 April 2014
you can approach the labour court and file the petition with the help of local lawyer
