Now you may submit a carefully structured representation under acknowledgment to good offices of your appointing authority, MD, CEO, Company Secretary and narrate all previous representations, and conclude that you are left with no other option to write to good offices to seek relief by payment of due wages and all payouts { provide list with all details}.
State of Karnataka has ended blanket exemption granted to IT companies from the provisions of standing orders. You may check if state of Maharashtra has also done so.
The authorities can inform you on this and you can peruse RTI route as well.
As per provisions of Industrial Employment Standing Orders Act company should provide FNF payment and Service Certificate on last day in office or within 2 days.
In a given situation employee can invoke the provisions of ID Act, IESO Act, Payment of Wages Act, SE Act as per explanation of employee under the provisions of these enactments or approach civil court. Designation alone does not decide that employee is a workman or not.
Has the company declared itself bankrupt or has it applied for closure. You may need to check on this.
The question arises what steps company has taken to downsize it s expenses and fetch business. Has it lowered and controlled the huge pay package of senior management/stopped salary as well. Or it has still retained the VP-HR, Legal cell just to subdue the employees and check legal action by employees.
--IT companies are within the preview of SE Act. Bombay SE Act is enclosed. You may log onto web site of Dept. of Labor Maharashtra and access the contact details of Labor Officials and latest version of SE Act {or buy it from market}.
SE Act Bombay:
2. Definitions.-In this Act, unless there is anything repugnant in the subject or
context,-
(7) "Employer" means a person owning or having ultimate control over the
affairs of an establishment;
(12) "Inspector" means an Inspector appointed under section 48;
(16) "Manager" means a person declared to be a manager under section 7;
(21) "Prescribed authority" means the authority prescribed under the rules mat
under this Act;
(22) " Register of establishment" means a register maintained for the
registration of establishments under this Act;
(23) "Registration certificate" means a certificate showing the registration of an
establishment;
7. Registration of establishments.(1) Within the period specified in sub-sec-
tion (4), the employer of every establishment shall sent to the Inspector of the
local area concerned a statement, in a prescribed form, together with such fees
as may be prescribed, containing-
(a) the name of the employer and the manager, if any;
(b) the postal address of the establishment;
(c) the name, if any, of the establishment;
9. Closing of establishment to be communicated to Inspector.-The
employer shall, within ten days on his closing the establishment, notify to the
Inspector in writing accordingly. The Inspector shall, on receiving the information
38. Aplication and amendment of the Payment of Wages Act.
^[ЗВ-В. Application of Industrial Employment (Standing Orders) Act to .
establishments.-The provisions of the Industrial Employment (Standing Ord
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.-(l) Where the
owner of an establishment is a firm or other association of individuals, any one of
the individual partners or members thereof may be prosecuted and punished
under this Act for any offence for which an employer in an establishment is
punishable:
69. Right and privileges under other law etc. not affected.- Nothing in this
Act shall affect any right or privileges which an employee in any establishment is
entitled to at the date this Act comes into force in a local area,
---Company might have had its office in IT Park/SEZ and in such a case IT policy of the Govt. may also be studied for exemptions granted to company.
--The old employees who have completed 5 years might also like to stake a claim of Gratuity.
3. Notice of opening, change or closure of the establishment
4. Display of notice.-(
It shall be appropriate to approach a competent and experienced service lawyer/labor consultant with copies of all of your documents salary slips emails etc and give inputs in person and proceed under expert advice of your lawyer. Your lawyer shall evaluate the merits and may opine that you fall within the category of workman.
Company may yield to legal notice of your lawyer or you may have to agitate in the appropriate forum. Company may yield to your demands during conciliation proceedings in o/o ALC or the ALC shall issue reference to Labor Court.
All employees may join hands and may approach lawful authorities at their respective locations. All employees may jointly approach a competent lawyer and this shall reduce the legal support expenses also. Trade Unions in Maharashtra are quite strong and good and effective trade union leaders can be of moral, professional help and guidance. Let the company run from pillar to post. Obtain information on all assets of company and promoters and their worldly assets and report to authorities.
Based on facts employees may succeed in filing for Criminal Breach of Trust and pull the employers to a forum where they end up paying salaries with damages.
Litigation may take its own time however since all employees of the company are affected authorities and courts may take notice for speedy delivery of justice. Your lawyer can comment better on this once all docs and facts are examined by your lawyer.
If you consult LCI lawyer you can conduct lawyer search at:
https://www.lawyersclubindia.com/lawyers_search/#.ULR1VO8yzvo
