The Aliganj could be in UP or Bihar or………….
Assuming that Aliganj is in UP….
-------Did you leave by submitting notice of resignation or resignation with immediate effect?
The employer would be more than happy to adjust notice pay and square off your dues.
Otherwise also the employer ha succeeded in getting his work done without paying a dime for SIX LONG MONTHS!!!!!!!
The question arises who is at fault.
The answer seems to be EMPLOYEE WHO WORKED WITHOUT WAGES FOR SIX LONG MONTHS!!!!!!!
Let us try to look into the logic.
Let us assume that employer states the company does not have resources to pay, is bankrupt, and is to be liquidated then what are the chances and priority for payment of wages of workmen……………………………………………………..
It is way behind and in the last and that too pari passu with Bank Dues
You may go thru: https://www.lawyersclubindia.com/forum/Company-in-liquidation-77247.asp#.UZtk5KKAqWN
So you may apply your all resources and collect the payment even if the employer has to sell his assets.
------ Address Final representations to good offices of Appointing Authority, MD, Chairman, Company Secretary by name and narrate all representation made so far (mention name of company personnel, designation, dept, name of company, address and state phone numbers, date of phone call, email id, in person etc) and conclude that the company personnel have been willfully and intentionally trying to do away the amounts company owes to you and you are seeking intervention of good offices for relief.
Mention that you were not being paid your earned wages at all from the month of ……………..and you were not able to meet the expenses of attending to office, your family, social, personal obligation and were suffering acute financial hardships, and despite your endless representations in offices your wages were not paid………(thus terming the employer unworthy of being employed with)… Claim that in such situation any clause on notice period/pay by employee shall become defunct and Mr/Ms……………concurred to relieve you by waiving off the notice period and pay and concurred that this shall not be adjusted in FNF statement/settlement.
Although FNF statement/settlement has not been supplied to you till date.
Demand that payment of dues by Bank DD only, and all documents should be supplied to you say within next…………….7 days and postage prepaid (as purchased fro PO) self addressed envelope is attached for sending redg. post to you.
If the good offices also maintain studied silence or do not provide any relief you may have to charge and pull the company personnel by name, and officials in good offices in appropriate forum.
The time for payment of FNF dues is usual pay day.
Company should have supplied acceptance of resignation, service/work experience certificate, relieving letter, acknowledgment of handover of charge, PF number/PF account slips/ attested copies of PF forms, correct FNF statement, Form 16 as per correct FNF statement on last day in office.
In addition to the Industrial Disputes Act, 1947, states also provide for compliance's under the Shops & Establishment Acts, Standard Standing Orders Act……. If the employee falls within the definition under these enactments, then he would be protected, up to that extent.
--------The Uttar Pradesh Shops & Establishment Act;
Clause on : Wage Period, Deduction From Wages, Discharge of Employee by his Employer,
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Maintenance of registers and records/ Inspector & facilities to be afforded to inspector
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Every employer shall employing employees more than 25 shall be required to maintain a register of attendance and wages in Form ‘G’, a register of leave in Form H, a register of deductions from wages in Form ‘D’.
{You may lodge a complaint with Inspector under this Act}
-------- -----The designation alone does not decide employee is a workman or not.
Your lawyer may ask you a set of structured questions and may opine that you fall within the category of workman.
You may go thru the standing orders of the company/model standing orders:
13. Termination of employment.-- (3) Where the employment of any workmen is terminated, the wages earned by him and other dues, if any, shall be paid before the expiry of the second working day from the day on which his employment is terminated.
16. Certificate on termination of service.--Every permanent workman shall be entitled to a service certificate at the time of his dismissal, discharge or retirement from service.
NOTE. - There is a provision under this Act for issuing a service certificate at the time of dismissal, discharge or retirement and every person is entitled to take such certificate.
{You may lodge a complaint with o/o Labor commissioner}
------THE PAYMENT OF WAGES ACT, 1936
{Applicable to all employees drawing wages up to Rs.18000/pm as per def. of wages in the Act}
2. Definitions:
3*[(vi) "wages" means…………..
(d) any sum which by reason of the termination of employment of the person employed
is payable under any law, contract or instrument which provides for the payment of such sum, whether with or without deductions, but does not provide for the time within which the payment is to be made;
{You may lodge a complaint with Wages Inspector}
Or you may approach civil court. The limitation period to file may be 3 years in your case.
You may also approach some senior trade union leaders, community leaders also. They know the precise and effective ways to drill sense into the heads of such personnel and employers.
There are threads suggesting that employees filed criminal complaints under Section 406, 420...........
and that unpaid amounts can be claimed as debt on employer.
e.g.; https://www.lawyersclubindia.com/forum/details.asp?mod_id=72011&offset=1#.UNRXofLZ1JI
You may approach a competent and experienced labor consultant/service lawyer as ap, show all documents, give in person and proceed under expert advice of your lawyer.
