It is wrong to stop salary of two months if employee has given notice of resignation of 2 months.
Employer may state that last month’s salary is to be paid along with FNF dues.
The time for payment of FNF dues is usual pay day.
Did you accept a pay cut/revision or reduction of salary in writing?
Did you ever agitate in writing for pay cut?
Is your salary reduced to 60% due to variable components in it?
The employer has already deducted a huge amount from last 5 paid salaries and now it should not state that it has blocked last 2 month salary for FNF settlement.
You may demand the payment of unpaid/deducted amount from last 5 paid salaries, and whole last month salary, from appointing authority, MD, Chairman,…………….. in writing under proper acknowledgment and narrate the representations already submitted in office(date wise) and highlight the acute financial hardships being faced due to non payment of earned wages…………………….
You may approach a competent and experienced labor consultant/service lawyer with all of your documents and issue notice to company.
In many of the cases legal notice of the lawyer drills sense into the heads.
Your lawyer can opine that you are covered in definition of ‘Workman’ or ‘Employee’ as in Delhi Shops and Establishments Act or not. Or you may have to approach civil court.
For unpaid wages employee can approach Trade Unions, Inspector under Shops and Establishments Act of the state, 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) , Labor Inspector in o/o Labor Commissioner. The contact details can be obtained from o/o Labor Commissioner.
You should not sign acceptance of incorrect FNF statement.
There are threads indicating that employees have lodged criminal complaint under Sec 406, 420 and also that employee can treat unpaid wages as debt on employer approach employer as creditor. e.g;
https://www.lawyersclubindia.com/forum/details.asp?mod_id=72011&offset=1#.UboDXNhVMgt
There are many threads which you may find relevant and useful:
e.g;
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
You may proceed as deemd fit at your end.
