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mcdeepak (AGM)     11 October 2013

Salary not paid for last 5 months and form 16 not issued

I am on rolls with a organisation since last 3 years and still on roll at a senior posistion .
From july 2013 salary were delayed and now situation is there is a backlog of 5 months .
Form 16 is not issues and TDS tax is also not the IT
Expert advice on how and what i have to do to safeguard my intrest


 4 Replies

H. S. Thukral (Lawyer)     11 October 2013

If you want to continue in the job, you have to bear this, though you have remedy to claim your dues by a recovery suit. . 

Kumar Doab (FIN)     14 October 2013

Mr. Thukral has given valuable advice. Kindly follow it.


The employer is unworthy of being employed with. You should firm up your next venture as ap.


Thee employer has breached the contract of employment by not paying the wages.

You should rather submit regular, sufficient and pointed communication in writing under acknowledgment demanding payment of all dues( provide details) and hint or conclude that the employer as unworthy of being employed with and that T&C as in appointment letter on Notice period/Notice pay having lost its sanctity and that it should be declared as VOID.

The employer shall otherwise be pleased to square off the dues with Notice pay.

Being a senior manger you shall get not the protection as ‘Workman’ under ID Act and may not be covered as ’Employee’ under Shops and Commercial Establishments Act……….


Your wages (as per def. of wages in payment of Wages Act) might be above Rs.18000/pm…………………

Employees at your designation might not be united and may not be having any IC, Guild…….

Is the employer preparing for Closure…………………….has it submitted any notice to O/o Labor Commissioner, Controlling Authority of Gratuity…………etc.


Is the company winding up?

In such situations the payment of dues of ‘Workman’ is last in the que and that too pari passu with bank dues………………

It is not clear as a senior manager you would be included amongst ‘Workman’ or not?



 Labour & Service Law > Others > Company in liquidation


Obtain detail of the assets of the promoters/owners/directors/company and provide the list to your lawyer.

You may find the following thread relevant and useful.


There are threads to indicate that employees have been contemplating to approach employers as Creditors treating unpaid wages as debt on employer and to file criminal complaint under 406,420……………………..

Discussion > Labour & Service Law > Disputes > Delay in full and final settlement payment


Some employees by virtue of their position attain some kind of handle on the employer. If you have such handle apply bit to extract your dues.

Explore all possibilities.


Form16: Employee can lodge complaint with ITO-TDS at location where employee files ITR and jurisdictional CIT-TDS where company files its return.


Do not delay to approach a competent and experienced service lawyer.Show your appointment letter and let your lawyer structure and draft all of yoiur representations to suit your interest in the long run.


Attached File : 363059762 central bank of india vs state of kerala & ors. on 27 february, 2009(1).pdf downloaded: 103 times

Neha Hampihallikar (Student)     15 October 2013

Hi sir.. What are the remedies in the case of probationer?

mcdeepak (AGM)     17 October 2013

thanks a lot for  the insight, 

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