It is felt that until or unless you are a workman the limitation period to realize yur money is 3 years.
You may act as ap.
What is your establishment: a Govt. company/PSU/Industrial Establishment/ commercial establishment……?
You are in which state?
In which state is redg. office /HO of the company?
The company must have displayed its registration certificate near entrance/on notice board.
You have posted that:
--‘ I had been trying to get this from my ex-MD (employer) but there is no proper or firm response from him so far.’
Do you have copies of the communications (and POD) you have sent in writing, bills of phone calls made by you, and communications you have received from your employer?
You may narrate all representations made by you till date, mentioning phone numbers/dates/minutes of discussion/emails/letters/name-designation-dept-address of the company personnel and demand that your dues ( provide itemized detail, include paid leave, Gratuity, incentives, reimbursements etc…) by bank DD, along with acceptance of resignation, correct FNF statement, Form 16 as per correct FNF statement, PF number, attested copies of PF transfer forms, PF account slips, service certificate, relieving letter, NOC/NDC etc be supplied to you by redg. post only so as to reach you in next say…15 days or you shall be constrained to proceed legally as the cost and consequences of the company… Yu may title this letter as NOTICE, and send thru redg. post.
Yu may mention that a postage prepaid self addressed envelope is attached for sending the payment by bank DD and documents by redg. Post only to you.
--- 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. Labor laws applicable to workman limit the choice to employer.
In addition to the Industrial Disputes Act, 1947, several states also provide for compliances under the Shops & Establishment Acts, Standing Orders Act, ……. If the employee falls within the definition which has been provided under these enactments, then the employee would be protected up to that extent.
-------If the IESO Act is applicable to your company and company has its certified standing orders extended to your designation, you may refer to these. If standing orders are not certified, model standing orders shall apply.
As per IESO Act/Model Standing Orders the dues to the employee/service certificate should be handed over by the close of office hours on the last day in office……..
>Model Standing Orders;
11. Payment of wages, 13. Termination of employment, 16. Certificate on termination of service, 17. Liability of 17[employer]., 18. Exhibition of standing orders.--
----- Refer to Shops and Establishments Act as applicable to your state.
The SE Act does not indiscriminate between workman and non workman and is applicable to all employees.
e.g: The Delhi Shops and Establishments Act,
2. DEFINITIONS.
(7) “employee” means a person wholly or principally employed, whether directly or otherwise, and whether for wages (payable on permanent, periodical, contract, piece-rate or commission basis) or other consideration, about the business of an establishment and includes an apprentice…………
19. TIME AND CONDITIONS OF PAYMENT OF WAGES.
(3) The wages of every employee in any shop or establishment shall be paid on a working
day before the expiry of the seventh day of the last day of the wage period in respect of which the wages are payable.
(5) Where the employment of any person is terminated by or on behalf of the employer, the wages earned by him shall be paid before the expiry of the second working day after the day on which his employment is terminated.
21. CLAIMS RELATING TO WAGES
30. Notice of Dismissal.
COMMENTS
(a) Applicability of section 30
The protection of the provisions of the section is available to all persons who fall within the definition of the term “employee” as given in section 2(7) of the Act and who have put in three months’ continuous services. In the absence of any standing orders or any contract between the employer and the contesting respondent containing any particular terms or conditions, the conditions of service of the employee relating to his employment in an establishment at Delhi are covered by section 30(1) of Delhi Shops and stablishments Act, 1954
37. POWERS AND DUTIES OF INSPECTOR.
COMMENTS
(b) Duties of the Inspector:
(h) that the wages and other dues are being paid to employees in time as required under
the Act;
(i) that in dispensing with the services of an employee the provision of the Act and Rules
have been complied with and no dues payable under the Act or Rules have been withheld;
---- THE PAYMENT OF WAGES ACT, 1936 (applicable to all employees with wage ceiling up to Rs.18000/pm):
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;
It shall be appropriate to approach a competent and experienced labor consultant/service lawyer specializing in such matters and show job advertisement, interview call letter, selection letter, offer letter, appointment letter, communication of the company appreciation letters, resignation letter, resignation acceptance letter, letter of the MD, spend quality time with your lawyer, give inputs in person, understand the merits and proceed under expert advice of your lawyer.
Your lawyer may opine that based on letter by MD you can a complaint with police under sec 406,420.
Valuable advice of learned experts/members is sought.
