Mr. Goyal has given valuable advice. Kindly follow it.
FNF dues should be paid within last day in office or say next 3 days or max. by usual pay day.
If company has defaulted on payment of wages it must have defaulted on PF, Gratuity, ESIC, Bonus, TDS………….etc
The employees can approach:
--- Trade Unions e.g; CITU, AITUC, INTUC ............................
--- Inspector under (Name of your state) Shops and Commercial Establishments Act
--- Inspector under Payment of Wages Act: applicable to all employees drawing wages up to Rs.18000/pm as per def. of wages in the Act. If you are covered by this act then you and all employees can file common application for recovery of wages. You may go thru Sec;
--- O/o Labor Commissioner
--- ESIC Inspector; at its website ESIC has mentioned wage ceiling for ESIC as Rs.25000/pm
--- RPFC in nearest PF office
--- ITO; TDS where you file your ITR
--- CIT-TDS (jurisdictional) where company files ITR
---Controlling Authority of Gratuity
Prepare a list of assets of the establishment and its directors…………………..Managers that are endorsed as ‘Representatives of the employer’………………
It shall be appropriate if you don’t delay proceed under the expert advice of your labor consultant/service lawyer.
Build unbearable pressure so that the employer has to cough up the payment of due wages even if he has to sell his……………………………
YOU MUST AT ONCE SUBMIT FNF STATEMENT OF PAYABLE BY COMPANY TO YOU AND THUS PLACE ON RECORD THE“DETERMINED DEBT” AND HENCE AMOUNTS COMPANY OWES TO YOU AND DO YOUR LEVEL BEST TO OBTAIN AN ACKNOWLEDGMENT FROM COMPANY EVEN IF BY EMAIL OR AT LEAST FNF STATEMENT FROM COMPANY EVEN IF BY EMAIL.
>> Unpaid wages is debt on employer.
Employees have been contemplating to file criminal complaints u/s 406, 420……………………………and to approach employer as creditors treating unpaid wages as debt on employer.
Assuming that you won’t be covered as ‘Employee’ as in Shops and Commercial Establishments Act, ‘Workman’ as in ID Act (however let your consultant/service lawyer opine finally on it) you can approach civil court and also as Creditor’s of the company for liquidation and recovery of your dues.
The limitation period in your case may be 3years.
“An Assistant Vice President of the company succeeded against the employer.”
You may go thru:
Delhi High Court
Argha Sen vs Interra Information ... on 12 September, 2005
27…………………….. It is not a petition for recovery of any disputed debt. The amount in question is clearly payable by the respondent-company to the petitioners which is on account of salary and allowances, etc. In spite of giving an assurance to make the payment, the dues are not paid. The defense put forth by the respondent-company is clearly sham. Therefore, I am of prima facie view that debt is payable by the company and it is unable to pay the same.
28. In view of the circumstances explained above, following directions are given:
(a) CP No. 244/2004 is admitted to hearing. Citations shall be published in 'The Statesman'(English) and 'Jansatta'(Hindi) for 8-11-2005. The Official Liquidator attached to this Court is appointed as the Provisional Liquidator, who shall take charge of the assets and records of the company.
(b) This order shall remain in abeyance for a period of six weeks to enable the company to deposit the amount involved in both the petition in this Court.
(c) In case the amount is not deposited within six weeks, the petitioners shall take steps for getting the citations published. For publication of citations both the petitioners shall share the expenses in equal proportion. The Official Liquidator, in that eventuality, shall take immediate steps as per the aforesaid directions.
>> There are various threads on similar queries that you may find relevant e.g;
Discussion > Labour & Service Law > Disputes > Delay in full and final settlement payment
Labour & Service Law > Others > Company in liquidation