The cheque bounce notice should be issued thru your lawyer in time.
Don’t delay and approach your lawyer handling cheque bounce/criminal cases, immediately.
You have given very long rope to this employer.
Employee can lodge a complaint the moment his wages are not paid and delayed even by a day and employer can be penalized say by Rs.7500/instance………………
Your labor consultant/service lawyer may ask you a set of structured questions and may opine that you shall be covered as ‘Workman’ as in ID Act, ‘Employee’ as in (name of the state) Shops and Commercial Establishments Act………….
If employer defaults on payment of wages it may default on PF,ESIC,TDS etc………..
Employee can approach:
----Employees Unions : There are employees unions that have done good job.
--- Trade Unions e.g; CITU, AITUC, INTUC ............................
The trade unions are willing to embrace employees and they are very effective too.
--- Inspector under (name of the state) Shops and Commercial Establishments Act, If it is commercial establishment.
The employer has to maintain and submit requisite forms and registers according to Shops and Commercial Establishments Act. If the employer makes false entries it is offence.
--- 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.
You may refer to: Payment of Wages Act; Sec13A and 2: 3*[(i), (ia), 3*[(vi), 3, 4 ,5, 13a, 14, 15, 16, 17A, 20………….. and if the Inspector agrees to cover you may immediately submit Form’N’ for recovery of wages.
--- O/o Labor Commissioner: The Labor Inspector might also be officiating as Inspector under Payment of Wages Act, Inspector under Karnataka Shops and Commercial Establishments Act, Small Enterprise Act…………………………..however you may lodge complaints mentioning the enactments separately.
----RPFC thru nearest PF office
----ESTC Inspector in jurisdictional ESTC office; Applicable to all employees drawing wages (as per def. wages in the Act) up to Rs.15000/pm.
--- ITO; TDS where you file your ITR
--- CIT-TDS (jurisdictional) where company files ITR
----Lawyer/Law firm
---Civil Court
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 e.g;
https://www.lawyersclubindia.com/forum/details.asp?mod_id=72011&offset=1#.UvYBGEeBmXV
https://www.lawyersclubindia.com/forum/Full-n-final-settlement-100310.asp#.U0AEW0eBmXU
The employees have even filed Winding Up petitions and have succeeded.
Before you act further It shall be appropriate to show the job advt, job application, interview call letter, offer letter, selection letter, appointment letter, CTC sheet, Salary Structure, Salary credit details, salary slips, Service rules and regulations, Policies handbook , cheque bounce memo of the bank………………………….. Communications exchanged to a competent and experienced Labor consultant/service lawyer at your location, give inputs in person and proceed under the expert advice of your lawyer.
You may demand to supply the acknowledgment of resignation, acceptance of resignation, relieving letter, service certificate, service card, FnF statement (showing payment of Gratuity-bonus-leave encashment-performance bonus-incentives-etc), form16, PF number and a/c slip of each year, salary slip of each month, NOC/NDC……………………………etc
