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rakesh   23 August 2015

Company not paying due salary

hiiii i m Rakesh kotlia and was a employee of Picasso Animation College from 11th January 2012 to 26th January 2013 as a faculty and  till 26th of jan my 3 months of salary which is around 1 lack was with the company as back log .on  26th jan 2013 our boss told that picasso is been taken over by a new investor and we need to resign and and join the new frim on immediate basis but all things would be same as before and as we asked by wat time our backlog will be cleared our boss told wth 30 dyas at max .so we all resigned and joined to new firm but after joining till 1 year we all kept asking for the back log salary we got the answer that will do it soon So me and my friend left the company and along with one more ex employee we filled a case in labour court but there we came to kow that we cannot file a case there as we are teachers by picasso's representative and when i sent a notice to that company they are not replying for that and right now we dont know how to recover our money from that comapny.So can you help me and my frnds please



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 1 Replies

Kumar Doab (FIN)     23 August 2015

 

The college or lawyer of the college does not /can not /and shall not decide you are a teacher or not OR you shall be shall be covered or not!

 

 Instead of BOSS you should have consulted ELDERS in the family, TEACHER’S FORUM/UNION LEADERS, LABOR LAW CONSULTANT/SERVICE MATTERS LAWYER/LAW FIRM……………………………..before working for 3 months without salary…………………..and tendering resignation with immediate effect.

 

Were you issued with any appointment letter/salary slip?

Did the boss supply any written communication that the so called animation college is being taken over and you need to resign and join new company?

 

Consult your counsels and they may opine to approach:

 

Inspector appointed under (Name of the state) Shops & Commercial Establishments Act, if the establishment/Division/office where you were posted, is covered by the Act ( private college for private gains might be covered) and you are covered by the def. of ‘Employee’ as in the Act. This Act does not discriminate between ‘Workman’ and ‘Non Workman’……………

                                                                                                     

Inspector appointed under Payment of Wages Act (if wages as per def. of wages in the Act are upto Rs.18000/pm). This Act does not discriminate between ‘Workman’ and ‘Non Workman’……………

 

O/O Labor Commissioner; if you are covered as “workman’…………………and your counsel may opine that you are covered.

Higher/Highest Officials of Dept. of labor of your state...............

Inspector Income Tax where you file ITR and CIT-TDS where company files ITR 

 Your counsels may opine that you can lodge complaint u/s 406,420 and file ‘winding up’ petition, civil suit for recovery etc.

 

Some employees by virtue of their position attain some kind of handle and if you have such handle you may try carefully.

Some communities and community leaders have strong resources and leaders can apply their resources.

 

Next time conduct proper survey of employer and its conduct from your resources in market.

 

 

 


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