As already advised by learned experts/members it shall be wise to approach a competent and experienced labor consultant/service lawyer.
Legal notice by letter helps to drill sense into the heads. Your lawyer can represent you.Your lawyer may opine that you can issue POA to a person of your choice.
You have given a very long rope to this employer.
Let your lawyer opine on would you be covered as ‘Workman”………………. and “Employee” as in Shops and Establishments Act’.
Narrate all representations made to management till date (mention names, designations, dates……………and response………..) by a representation ( preferably by letter thru redg. post) addressed to good offices of appointing authority, MD, CEO, Chairman, Company Secretary with a copy to Head-HR…………..
The company should have registered under ‘Shops and Establishments Act’ of the state and should have displayed the registration certificate near entrance on notice board.
Employee as per eligibility can approach:
--The o/o Labor commissioner,
--Inspector/Chief Inspector under ‘” (name of the state) Shops and Establishments Act’,
One of the duties of Inspector is to ensure that……………….. no dues payable under the Act or Rules have been withheld……………..
e.g: The Delhi Shops and Establishments Act,: 37. Powers and duties of the Inspector: (b) Duties of the Inspector : (i)
--Inspector under Payment of Wages Act (applicable to all employees drawing wages as per def. of wages in the Act up to Rs.18000/pm)………..
An employee covered by these enactments and statue would be protected up to that extent, leaving few choices with employer or the employee may have to approach civil court. If not covered the limitation period of three years may apply.
These enactments should be available at the Dept. of Labor website of your state.
There are threads suggesting that employees have contemplated to lodge criminal complaints under sec 406,420……………………………………and to approach employer as creditor treating unpaid wages as debt of employer………………………………. Or to file a money recovery suit within statutory time period or to try under order VII before the Civil Court where the office of his company is situated,……………………. Filing civil suit under Order XXXVII as a smart option………………………...
Many employees and their counsel are able to resolve such matter s by applying exceptional levels of mediation, arbitration, negotiation, reasoning, persuasion, persistence, conciliation skills.
You may go thru an interesting thread at;
https://www.lawyersclubindia.com/forum/Neither-resigned-nor-terminated-salary-unpaid--81683.asp#.UeI3aNKAqWN
There are many threads you may find useful:
Valuable advice of learned experts is sought.
https://www.lawyersclubindia.com/forum/Full-and-final-settlement-pending-from-educomp-sol-84057.asp#.UeGYrNKAqWM
https://www.lawyersclubindia.com/forum/Performance-incentive-not-paid-83562.asp#.UdxGATuAqWM
https://www.lawyersclubindia.com/experts/Service-matters-regarding-notice-period-and-relieving-from-service-403836.asp#.UdxGGDuAqWM
https://www.lawyersclubindia.com/forum/Regarding-pending-salary-pf-83511.asp#.UdFFcTuAqWM
https://www.lawyersclubindia.com/forum/Employer-cheated-me-on-f-f-settlement-need-advice-83024.asp#.Uc67HTuAqWM
https://www.lawyersclubindia.com/forum/Salsry-on-hold-83258.asp#.Uc67STuAqWM
https://www.lawyersclubindia.com/forum/Salary-not-payed-82310.asp#.UboA-dhVMgs
https://www.lawyersclubindia.com/forum/Salary-not-payed-82310.asp#.Ubc5P_lVPxp
https://www.lawyersclubindia.com/forum/Employer-not-paying-salary--82331.asp#.Ubc5qflVPxo
https://www.lawyersclubindia.com/forum/Non-payment-of-salary-81896.asp#.UbAThNKAqWM
https://www.lawyersclubindia.com/forum/Full-and-final-settlement-not-paid--76066.asp#.UbAUUNKAqWM
https://www.lawyersclubindia.com/forum/Non-payment-of-full-final-sattelment-81866.asp#.UbAUwNKAqWM
https://www.lawyersclubindia.com/forum/Neither-resigned-nor-terminated-salary-unpaid--81683.asp#.UbAVCNKAqWM
https://www.lawyersclubindia.com/forum/Wages-not-paid-by-employer-81628.asp#.UbAVHdKAqWM
https://www.lawyersclubindia.com/forum/Employer-is-not-paying-salary-84452.asp#.Ue4diNKAqWM
