Although you have mentioned it is Industrial Establishment.
IT/ITeS companies are registered under Shops and Commercial Establishments Act.
You may check again and company might be registered under Delhi Shops and Commercial Establishments Act.
By your designation and nature of duties your lawyer may opine that you shall be covered as ‘Workman’ as in ID Act………………and ‘Employee’ as in Delhi Shops and Commercial Establishments Act.
You may show all communications on record to a competent and experienced labor Consultant/Service Lawyer…………………….
Your lawyer can submit fitting reply to the charges of employer.
It is so easy to state that employee has caused loss but the charge has to be proved…………………………..or it may get termed as fraudulent attempt to deny payment of earned wages to employee.
Earned wages is debt on employer.
The deduction from wages is well defined in enactments applicable and labor laws……………………………and employer can not violate.
The establishment has to register and obtain code for PF, ESIC………….
If at one point of time it has requisite strength of employees then even if no. of employees comes down to 10 the PF,ESIC shall remain applicable and if your wages were within wage ceiling as defined for both, the employer has to provide for both.
Form16 has to be issued or the deductor (employer in your case) can be penalized.
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. There are IT/ITeS employees unions too…….
--- Trade Unions e.g; CITU, AITUC, INTUC ............................
The trade unions are willing to embrace employees and they are very effective too.
--- Inspector under Dehi 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.
You may go thru;
Delhi Shops and Commercial Establishments Act
And
Delhi Shops and Commercial Establishments Rules
These should be available on the website of Dept of labor Delhi or you can buy from market.
Delhi Shops and Commercial Establishments Act:
Sec: 30. Notice of Dismissal: (2) No employee who has put in three months’ continuous service shall terminate his employment unless he has given to his employer a notice of at least one month, in writing.
(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 Establishments Act, 1954;
(d) Section 30 of the Delhi Shops and Establishments Act, 1954 does not exclude the
application of the Industrial Disputes Act, 1947
37. Powers and duties of the Inspector.
(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;
--- 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 he may proceed for recovery of wages.
--- O/o Labor Commissioner: The Labor Inspector might also be officiating as Inspector under Payment of Wages Act, Inspector under Punjab 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=72072011&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.
>>> IN addition to your unpaid wages you may also demand to supply you the acknowledgment and acceptance of notice/resignation, correct FnF statement for verification and acceptance by you, salary slip of each month of employment, payment of FnF wages by bank DD only, Form16 as per correct FnF statement, PF number a/c slips of each year of employment, ESIC card, service certificate, NOC/NDC, …………etc
Let employer reply whatever it wants.
At Delhi you can access Lawyers par excellence.
You may proceed under the expert guidance of your lawyer. The lawyer that has seen all docs and examined the inputs in person can advice you the best.
There are many threads that you may find relevant e.g:
https://www.lawyersclubindia.com/forum/Notice-period-102337.asp#.U6PBGpSSwb8
