Non Payment of wages is certainly a Breach of Contract. Trust, by employer. The employer has not conducted itself properly. This is a justified reason to separate. IN such situation the conditions like Notice Period should loose its sanctity.
The payments of wages have to be made on pay day as defined in Payment of Wages Act, Shops and Commercial Establishments Act, Min. Wages act, and salary/wage/pay slip has to be issued, before payment of wages that should be signed by both employer and employee.
The employee can lodge a complaint the moment payment of earned wages is delayed even by a day and employer can be penalized for non payment of wages say Rs.7500/instance………………
If there is a default on payment of wages there may be a default on PF, ESIC, TDS etc……….
Employee can approach:
----Employees Unions :
--- Trade Unions e.g; CITU, AITUC, INTUC ............................
--- 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
----Lawyer/Law firm
---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.
