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Manpreet (Manager)     24 May 2014

Pgportal complain for non payment of salary

 

My ex employer has not cleared my full & final payment(4 months salary).I wrote a complain on pgportal in Jan 2014.In jan when i called several times to deputy chief labour commissioner, my complain was forwarded to regional labour commisioner,Delhi with a copy to me.I had sent a signed copy of the complain also to regional labour commissioner. After several mail and calls i got a reply that as my ex employer is a private organisation so the complain is to dealt by (state labour deptt) Deputy labour commissioner,south Delhi.He asked me to send my complain to Deputy labour commissioner,south Delhi.

when i called pggrivances portal ,the concerned took my no and assured me that someone will call me,but no one called even after three working days.

My questions to experts are

1. Does private organisation not come under central labour commissioner?

2. As per pgpotal rules a complain should be resolved/replied in three months(Already crossed).Should I file RTI to know the actual status

Please guide,what should I do now?

** I have already filed a complain to PF deptt, they have confirmed that company hasnot deposited the PF amount for last four months.PF office sent me a letter saying "recovery will be done by enforcement officer and the amount will be deposited in my account".



 5 Replies

Kumar Doab (FIN)     24 May 2014

What is this establishment: Commercial, Industrial, Small Enterprise?

The registration certificate has to be displayed by the establishment near entrance.

If not you have to find out.

You and also Redg. Office of the company are located in which state?

How many people are employed in it?

What is your designation and nature of duties?                  

Since how long you are working with it?

Are you still in employment or you have resigned?

 

If you have resigned do you have POD/acknowledgment, and acceptance of resignation?

Are you a member of trade unions?

 

Have you handed over the charge/company property? If yes, do you have acknowledgment?

Have you ever submitted written representation to appointing authority, MD and do you have copy and POD?
Did you get any reply?

Do you have appointment letter, salary slips, PF number, PF a/c slips, ESIC card?

 

The above information shall help, hence post it.

It is unfortunate that PG portal took long time. YOU can certainly pursue RTI.        

The Regional Labor Commissioner should have replied in writing instead of asking you on phone to approach State Labor Commissioner.

The appropriate Govt. (Central/State) is well defined in THE INDUSTRIAL DISPUTES (AMENDMENT) ACT, 2010: 2(a): definition of Appropriate Government

 

You have probably not discussed your matter with a labor consultant/service lawyer and pursuing on your own.

 

 

 

 

Manpreet (Manager)     24 May 2014

@Kumar Daob,thanx for your informative reply.The information sought by you is as follows

How many people are employed in it?

150 people.

What is your designation and nature of duties?

My designation was assistant manager (Projects) my nature of duty was to project management (Monitor the project execution)

Since how long you are working with it?

More than 3 years

Are you still in employment or you have resigned?

Resigned in Nov 2013 due to non payment of salary.

If you have resigned do you have POD/acknowledgment, and acceptance of resignation?

Yes I have reliving letter issued by the company.

Are you a member of trade unions?

No

  Have you handed over the charge/company property? If yes, do you have acknowledgment?

Yes I have handed over the charge and all company property and I have recieving for the same.

Have you ever submitted written representation to appointing authority, MD and do you have copy and POD?
Did you get any reply?

No hard compy I havenot submitted.I have mailed the company higher authorities several times and personnaly met them for the salary.

Do you have appointment letter, salary slips, PF number, PF a/c slips, ESIC card?

I have appointment letter & PF number

 Please let me know if any other information required.Also let me know the steps to file RTI and also help if any RTI template available.

Thanx in advance

Kumar Doab (FIN)     24 May 2014

You have not replied to:

"What is this establishment: Commercial, Industrial, Small Enterprise?

The registration certificate has to be displayed by the establishment near entrance.

If not you have to find out.

You and also Redg. Office of the company are located in which state?

"
You may also post:
What is the trade of company e.g:
 
IT/Banking/Insurance?
 
 
This shall help hence post it.
 
 
RTI template, RTI procedure, RTI Act should be available at the website of PG portal and various other portals available at internet.
 
 


For a more comprehensive and up-to-date understanding of the intricacies of the RTI Act, it is suggested that www.cic.gov.in may be referred to.

 
Any local RTI activist can also help you.It shall be better if some experienced person helps you to draft your RTI applications. 
 
 

Manpreet (Manager)     24 May 2014

@kumar daob

The required information is below,

What is this establishment: Commercial, Industrial, Small Enterprise? The registration certificate has to be displayed by the establishment near entrance. If not you have to find out.

The organisation is in ferro alloys and electricity genertion (Company name Corporate ispat alloys limited).

You and also Redg. Office of the company are located in which state? " You may also post: What is the trade of company e.g: IT/Banking/Insurance?

The registered office is located in Kolkatta,WB.

I will search RTI templates on the websites mentioned by you I will also contact RTI activist for guidance

regarding the RTI to pgportal.

thanx in advance

My drawing salary was Rs 45,000/- per month.

Kumar Doab (FIN)     24 May 2014

 

You have not replied to:

"You …… are located in which state?

 

You may find out the office where you were located was registered under which enactment and thus find out………………your service conditions shall be governed by which enactment e.g.

(Name of your state) Shops and Commercial Establishments Act,   The Building & Other Construction Workers (Regulation of Employment & Conditions of Service) Act, 1996

 Mines Act, 1952

 

You may also download the service rules and regulations of your company.

You have posted that you have acceptance of resignation, handover of charge, relieving letter……………….implying nothing is pending to be done at your end.

Did you tender notice of resignation or resigned with immediate effect?

Generically speaking in case of non payment of wages/Dues employee can approach:

 

 

>>>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……………………………….within 1 year.

Salary slip to all employees duly signed by both employer and employee should be issued. Demand salary slip(s) of all months.
All employees can lodge a common complaint for recovery and Inspector may issue FormN.

You may refer to: Payment of Wages Act; Sec: 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 requisite Form for recovery of wages.


>>>Inspector under –Shops and Commercial Establishments Act, Small Enterprise Act………….whatever it is.

One of the duties of the Inspector is to ensure that wages are paid on time and FNF of separated employee is also done properly and in time.



>>> O/o Labor Commissioner;
The Labor Inspector might also be officiating as Inspector under Payment of Wages Act, Inspector under Karnataka Shops and Commercial Establishments Act, Small Enterprise Act…………………………..however you may lodge separate complaints mentioning the enactments separately.


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

https://www.lawyersclubindia.com/forum/Full-n-final-settlement-100310.asp#.U0AEW0eBmXU



You should contact a labor consultant/service  lawyer and may proceed under the expert guidance of your lawyer. The lawyer that has seen all docs and examined the inputs in person can advice you the best.


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