You are in which state, HO/Redg. office of the company is in which state?
What was your designation and nature of duties?
Designation alone does not decide employee is a workman or not.
You can approach as per your eligibility:
O/o Labor Commissioner, Inspector under Shops and Establishments Act of the State
(Applicable to al employees as per definition of employee in the Act), 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), civil court, trade unions………..
You have posted that:
--------“These were the few Highlights of the contract which i have signed and have adhared to very religiously.”
The company is under obligation to disburse payment of all wages and its declinature in writing can be breach of contract.
If at any point Time Company employed 10 or more employees, you may also be eligible for Payment of Gratuity as per:
Payment of Gratuity Act 1972: Section:
1(b) (c) ….
2(e) (f) (ii) (iii) ………
2A (a) (i) (190 days=1Y if company operates for less than 6days/week) (ii) (240 days=1Y in any other case) ……….
If you are eligible you may submit FormI to o/o Appointing Authority, MD by redg. post (avoid speed post/courier), and demand acknowledgment.
FormI is attached. However you may obtain the latest version from DLC or market.
If the company does not pay within 1 month you may approach DLC in local o/o Labor Commissioner, and submit copy of FormI and its POD, obtained from PO.
-------“From the date of Exit I am not suppose to Join any other Event Agency or Do any bussiness in the similar lines.”
The non compete clause in the agreement is valid during the course of employment with the same employer.
For period after the termination of the contract the non compete clause is rated as violative of the Indian Contract Act and right to earn livelihood.
It shall be appropriate to approach a competent and experienced labor consultant/service lawyer with copies of all of your documents, give inputs in person, spend quality time with your lawyer and proceed under the expert advice of your lawyer. Your lawyer may opine that a complaint under Sec 406,420...can be lodged.
There are thread suggesting that employees lodged criminal complaints under Sec 406,420...........and unpaid wages may be claimed as debt on employer, e.g:
Discussion > Labour & Service Law > Disputes > Delay in full and final settlement payment
https://www.lawyersclubindia.com/forum/details.asp?mod_id=72011&offset=1#.UNRXofLZ1JI
You may find the attachments useful.
Valuable advice of learned experts/members is sought.
