Your resolve is appreciable.
You are in which state? HO/redg. office of the company is in which state?
You have posted that:
--“The management agreed to settle the amount after I sent a lawyer notice. The date of settlement has passed and there is no news of the payment from the mangement.”
Did the company agree to settle in writing?
If yes you can proceed against the company.
Did you mention that postage prepaid (as purchased from PO) self addressed envelope is enclosed for sending reply/DD thru redg. post to you so as to reach you say within ……days, and supply a postage pre paid envelope.
--“Since the management has done this to all the employees,”
“Can we employees file a joint petiton.”
THE PAYMENT OF WAGES ACT, 1936
2. Definitions.
3*[(vi) "wages" means…..
(Wage ceiling has been increased to Rs.18000/pm.Look into def. of wages)
(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;
4. Fixation of wage-periods.- (1) Every person responsible for the payment of wages under section 3 shall fix periods (in this Act referred to as wage-periods) in respect of which such wages shall be payable.
(2) No wage-period shall exceed one month.
5. Time of payment of wages.
(2) 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 from the day on which his employment is terminated:
6. Wages to be paid in current coin or currency notes.- All wages shall be paid in current coin or currency notes or in both:
5*[Provided that the employer may, after obtaining the written authorisation of the employed person, pay him the wages either by cheque or by crediting the wages in his bank account.]
14. Inspectors.- (1) An Inspector of Factories appointed under 1*[sub-section (1) of section 8 of the Factories Act, 1948 (63 of 1948)], shall be an Inspector for the purposes of this Act in respect of all factories within the local limits assigned to him.
3) The State Government may, by notification in the Official Gazette, appoint such other persons as it thinks fit to be Inspectors for the purposes of this Act, and may define the local limits within which and the class of factories and 2*[industrial or other establishments]
3*[(4) An Inspector may,-- (a) make such examination and inquiry as he thinks fit
in order to ascertain whether the provisions of this Act or rules made thereunder are being observed;
(d) require by a written order the production at such place, as may be prescribed, of any register or record maintained in pursuance of this Act and take on the spot or otherwise statements of any persons which he may consider necessary for carrying out the purposes of this Act;
(e) seize or take copies of such registers or…………..
( Employer has to maintain the record for 3 years, including pay slip as per Sec 13A whihc should be signed by employee)
15. Claims arising out of deductions from wages or delay in payment
ofwages and penalty for malicious or vexatious claims.
Provided that every such application shall be presented within 1*[twelve months] from the date on which the deduction from the wages was made or from the date on which the payment of the wages was due to be made, as the case may be:
16. Single application in respect of claims from unpaid group.
--“I have already filed a lega case under Wages act.”
Has the case been accepted or rejected?
Has the employer filed reply and appeared?
Has it taken an appeal that compliant is not filed within 12 months?
--“Can we employees file a joint petiton.”
If it implies that all of you wish to approach the company as creditors, with winding up petition you may need the counsel of an expert lawyer to evaluate the merits, and to prepare a petition which does not get rejected.
There are some threads at LCI also e.g.;
Discussion > Labour & Service Law > Disputes > Delay in full and final settlement payment
https://www.lawyersclubindia.com/forum/details.asp?mod_id=72011&offset=1#.UNRXofLZ1JI
There are some threads initiated by employees who succeeded in lodging a complaint with police under Sec406, 420 and sent zitters down the spine of unscrupulous employers……
https://www.lawyersclubindia.com/forum/Resignation-of-an-employee-76209.asp#.UUwaeUpFZ_4
https://www.lawyersclubindia.com/forum/Salary-not-paid-76585.asp#.UUwaVkpFZ_4
There are employees who succeeded in getting suitable publication in electronic and print media.
---You may also look at the provisions of SE Act applicable to your state.
The SE Act does not indiscriminate between workman and non workman, and is applicable to all employees.
e.g. SE Act Delhi:
2. Definitions: (8) “employer” means the owner of any establishment about the business of which persons are employed, and where the business of such establishment is not directly managed by the owner, means the manager, agent or representative of such owner in the said business;
19. TIME AND CONDITIONS OF PAYMENT OF WAGES:
(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.—(1) The Government may by notification in the Official Gazette, appoint any Commissioner for Workmen’s Compensation Act or other officer with experience as a Judge of a Civil Court or as a Stipendiary Magistrate to be the authority to hear and decide all claims arising out of delayed payment or non-payment of earned wages of an employee employed in any establishment.
37. Powers and duties of the Inspector:
COMMENTS
(b) Duties of the Inspector: (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;
43. Determination of employer for the purpose of this Act.—
(Therefore the employer as defined in the Act should have reason to feel concerned….)
SE Act Bombay even goes further to impress that a company to which SE act is applicable IESO Act shall also apply and Inspector under SE Act shall be the Inspector for the enactment and even for Payment of wages act…..
---Designation alone does not decide if employee is a workman or not. Your lawyer may ask you a set of structured questions and may opine that you are a workman.
Some states had granted blanket exemption to IT companies from the provisions of IESO Act and some states had not. State of Karnataka in March instructed all IT companies to frame the standing orders for certification and till then Model Standing Orders shall apply.
If IESO Act is applicable to the company and company has framed its certified standing orders quote from it or if standing orders are not certified quote from Model Standing Orders:
13. Termination of employment:
(3) Where the employment of any workmen is terminated, the wages earned by him and other dues, if any, shall be paid before the expiry of the second working day from the day on which his employment is terminated.
16. Certificate on termination of service.--Every permanent workman shall be entitled to a service certificate at the time of his dismissal, discharge or retirement from service.
NOTE. - There is a provision under this Act for issuing a service certificate at the time of dismissal, discharge or retirement and every person is entitled to take such certificate.
Valuable advice of learned experts/members is sought.
