Pending salary

Hello,

The reasons, may be numerous, and there can be no end to the same.The law has many such provisions, which if interpreted properly can be effectively used. An Advocate would be in a better position to guide you, looking at the case at hand, as the reasons may vary from case to case, and the gravity of the offence / charges leveled against the accused. But the law states that, the same is upon the sole discretion of the Judge/ Magistrate, to decide the same.

Regards

Adv Sahil Vora

It is not clear that you have resigned or not? There is no point in working with employer that does not pay earned wages.

Employee should not give a very long rope to employer that defaults on payment of wages.


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 write preferably by letter thru redg. Post  to supply by redg. Post payment of salary for the months of (mention all months)  by bank DD Form 16, PF number-account slips for each year of employment, salary slip of each month of employment, ESIC Card (if eligible), etc. immediately.


THUS you may 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.
.
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 ............................

There are IT/ITeS employees unions also that may help you, e.g;

https://www.itecentre.co.in/  {https://www.itecentre.co.in/node/159}

https://ithiworld.wikispaces.com/News+Update

IT/BPO Voice of India | Facebook

UNITES Professionals, https://www.unitespro.org/

https://www.wbitsa.org/

www.itpfindia.org/‎

--- 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 advice of your lawyer.

Hope Mr. Kumar Doab's opinion, suggestions advises are useful, you may follow it up or can consult a local lawyer.