Did you ever submit any representation in writing to Prop for issuing appointment letter, Emp. Code number, ID card to you? You should have done so.
Did you collect attendance record?
You should be in a position to establish employer-employee relationship, attendance and wages to be paid to you.
If possible, you may record (audio/visual) the meeting during which you may ask the issuance of appointment letter etc and keep some witness.
Your community leaders, colleagues, trade union leaders can be your witness.
This company must have registered under Bombay Shops and establishments Act which is so employee friendly. The registration certificate should have been displayed at entrance/on notice board. This act does not indiscriminate between workman and non workman and is applicable to all employees.
2. Definitions
'"[(б) "Employee" means a person wholly or principally employed, whether
directly or through any agency, and whether for wages or other consideration in
or in connection with any establishment; and includes an apprentice, but does
not include a member of the employer's family;]
(7) "Employer" means a person owning ..
(16) "Manager" means a person declared to be a manager under section 7
(30) "Wages" means wages as defined in the Payment of Wages Act, 1936 (IV
of 1936);
38. Application and amendment of the Payment of Wages Act. (l) Notwithstanding anything contained in the Payment of Wages
Act, 1936, (V ?f
1936)………. the Inspector appointed under this Act shall be deemed to be the Inspector…herein referred to as "the said Act",…….for the purpose of the enforcement of hei provisions of the said Act within the local limits of his jurisdiction.
( Implies that the Inspector under SE Act shall be the Wages Inspector )
[?8 ?. Application of Act VIII of 1923 to employees of establishment.-The provisions of the Workmen's Compensation Act, 1923 (VIII of 1923), and the rules made from time to time thereunder, shall, mutatis mutandis, apply to employees of an establishment to which this Act applies, as if they were workmen within t! meaning of the Workmen's Compensation Act, 1923.
( Implies any employee under SE Act shall be eligible as if he is a workman and can invoke WC Act)
^[??-?. Application of Industrial Employment (Standing Orders) Act to establishments.-The provisions of the Industrial Employment (Standing Orders) Act, 1946, in its application to the State of Maharashtra [(hereinafter in this section referred to as "the said Act"), and the rules and standing orders (including model standing orders) made thereunder from time to time, shall, mutatis rnuimdis, apply to all establishments wherein fifty or more employees are employed and to which this Act applies, as if they were industrial establishment within the meaning of the said Act.
(Implies if company is under SE Act and if it has not framed its standing orders the model standing orders shall apply to all employees. Model Standing Orders are attached. You can also download from Dept. of Labor Maharashtra/Bombay website also. Thus while you can approach Inspector under SE Act you should also be eligible to approach Labor Inspector/ALC.)
{ Model Standing Orders: 3. Tickets, 11. Payment of wages, 13. Termination of employment, 15. Complaints, 17. Liability of 17[employer].--, 18. Exhibition of standing orders.-)
51. Employer [and manager to produce registers, records etc. for inspection.
( Implies that if you lodge a complaint the Inspector can not check all records, your personnel file but can take these to his office. You may obtain certified copies and even peruse RTI route.)
)
43. Powers and duties of local authorities.-
51. Employer [and manager to produce registers, records etc. for
inspection.-
55. False entries by employer and manager.
58. Determination of employer for the purpose of this Act.
бб.Notice of termination of service.-
Moreover the Inspector is under obligation report every two months as given in Sec.66
(https://www.mcgm.gov.in/irj/go/km/docs/documents/MCGM%20Department%20List/Chief%20Inspector%20Shop%20%26%20Establishment/RTI%20Manuals/ChiefInspectorShopEstablishment_RTI_E03.pdf
Therefore you may approach the Inspector under this Act whose contact details you can find at Dept. of Labor Maharashtra/Bombay or from o/o Labor Commissioner.
-------You may also lodge a compliant with O/o Labor commissioner, Inspector under Payment of Wages Act.
------If you are not able to resolve the matter in your favor, you may approach a competent and experienced labor consultant/service lawyer. Your lawyer may opine you can lodge a criminal complaint under Sec 406,420……..
-------In the meantime kindly go thru the attachments.
Valuable advice of learned experts is sought.
