Salary not paid

There are various remedial measures available under law. In case the terminal dues have been computed and their is no ambiguity between the either parties then recovery can be made under Sec. 33C of the Industrial Disputes Act, 1947 by the Industrial Tribunal/ Labour Court of the jurisdiction. Recovery can also be made under the Payment of Wages Act for which you need to contact the Regional Labour Office of the jurisdiction under which your workplace falls. Also money suit can be filed.

Agreed with Expert Sajal.

Expert Sajal: Please mention how should Expert Sajal be addressed as Mr/Ms........

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 your state) Shops and Commercial Establishments Act, 

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 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.

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.

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