Hello, Greetings of the day!
Even though the employee works in a private company, he has the right to claim wages from his employer if there has been non-payment of wages due to the employer’s fault. The first remedy that the employee can avail is that he can approach the employer within the premises before taking up any legal action informing him about the non-payment of wages. If there is no action from the employer's side, the next step can be approaching the labor commissioner who can help in the reconciliation of the matter.
If these remedies are of no help, then the aggrieved party can approach the labor court against the employer by filing the suit under Section 33C of the Industrial Disputes Act, 1947 which states that any employee can claim unpaid dues from his employer which is computed by the labor court. The labour court has to dispose of the matter within 30 days.
Another remedy available to the employee is that he can also claim his wages under the Payment of Wages Act, 1936. Section 15 of the Act says that if there is a delay in Payment Of Wages, the appropriate government can appoint Commissioner for Workmen’s Compensation; or any officer of the Central Government exercising functions as, Regional Labour Commissioner; or Assistant Labour Commissioner or any appropriate authority for the settlement of the dispute.
If the employees’ salary is above Rs 18,000 per month, then he can directly approach the civil court under Section 37 of the Civil Procedure Code for the speedy recovery of the dues money.
Best Regards,
Vasundhara Singh
Law Student