Company's cheating and criminal breach of trust to its employee without any reason
priyanka sinha(bose)
(Querist) 24 September 2013
This query is : Resolved
1- That my client was appointed by Mr.Arun Kr.Jalan in his company JALAN INFOTECH PVT.LTD. vide his offer letter dated 01.10.2008 as Branch Manager and the salary of my client was fixed at Rs.29,100/- per month vide his offer letter dated 01.10.2008.
2- That my client did his duty diligently, regularly and with utmost punctuality sincere, and with full devotion by doing manual job with his own hands and skill set in accordance with the well-settled provisions of the law. Mr.Jalan issued the offer letter in the name of my client and got printed the visiting cards also in the name of my client.
3- That on 01.09.2012 when my client went to attend his duty then Mr.Jalan abruptly refused to allow to my client to attend his duty, my client found the office premises shutter was forcefully closed by Mr.Jalan without any reason explaining to my client and he refuse to talk with my client further in a most illegal and unlawful manner without any reasonable rhyme and cause. At the time of closing of the services of my client, Mr.Jalan did not pay the salary, conveyance, bonus, medical, privilege leave and others benefit for the month of April’12 to till date which comes to Rs.5,94,805/- to my client.
4- That my client visited his office from January’12 to August’12 from time to time and spent a huge amount of Rs.20,000/- on the charges of traveling /conveyance charges but Mr.Jalan refused to pay the outstanding amount of Rs.20,000/-. Lastly on 07.02.2013 Mr.Jalan clearly refused to pay the salary amount of Rs. 5,17,605/- to my client.
5- That Mr.Jalan did not provide my client statutory benefits i.e. ESI & P.F. etc.HE also did not pay the salary of Rs. 5,94,805/- and the amount includes of bonus and other service benefits in total.
6- That my client also lodge an FIR on 22.02.2013 at Gariahat P.S. bearing no. 118 and simultaneously on 14.03.2013 at Lake P.S. bearing no. 99, for the non-payment of salary. But he didnt get any positive response from them.
Now my client is in hand-mouth situation,his total amount of non payed salary is 5,94,805. His old mother and only son who is a minor is suffering due to severe poverty. How can he get an immediate recovery of that money? and i am kindly drawing your attention in this context that Mr.Jalan,the director of Jalan Infotech Pvt.Ltd did not provide the FORM-XVI(16)I.T FORM to my client,what is the immediate procedure to save this family?
Kumar Doab
(Expert) 24 September 2013
Employee can approach:
>> O/o Labor Commissioner: labor Inspector………..
>> Inspector under West Bengal Shops and Commercial Establishments Act
{http://wb.gov.in/portal/WBLabour/ShopsAndEstablishments/WBLCMSPortletLabourWindow;jsessionid=7D9D2BE73CEE374516C0D2A0602DBD96.node1?wblabour.MENU_ID_PARAMETER=29&alf_f_name=relevant_acts_home.txt&dtname=ShopsAndEstablishments&action=e&windowstate=normal&alf_path=WebContent%2FDirectorates%2FShopsAndEstablishments%2FRelevantActs&mode=view}
 {http://www.burdwanindustry.com/download/labour-directorate/Shops%20And%20Establishment%20Act/WBSE%20Act%20&%20Rule.pdf }
Definitions- II
 Person employed means a person employed but does not include owner or relatives of owner
Payment and recovery of wages
 In case non-payment within the stipulated time and unauthorised deductions, such a person can make an application to the appropriate authority within six months
Notice of termination of service
 A person who has been in continuous service for not less than one year shall not be terminated without giving one month's notice in writing showing the reasons of such termination
 Keeping records
 Every shopkeeper and employer maintain and keep register of employees in prescribed manner
 Every shopkeeper and employer shall furnish every person employed with a letter of appointment in such form as may be prescribed
Records/Registers to be produced
 Appointment letter in Form X
 Attendance register in Form I
 Pay register in Form M
>> Inspector under Payment of Wages Act (applicable to all employees drawing wages as per def. of wages as in the Act up to Rs. 180000/pm)
2. Definitions………3*[(vi) "wages" means………………..(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;
3. Responsibility for payment of wages
4. Fixation of wage-periods.
5. Time of payment of wages.-
7. Deductions which may be made from wages
>> Civil Court
>> Police; Approach higher officials if no perusal of complaint has happened.
There are threads to indicate employees have been contemplating to lodge criminal complaint under sec 406/420………………………..and approach employers as Creditors treating the employer as Debtor and unpaid wages as debt on employer…………….
http://www.lawyersclubindia.com/forum/details.asp?mod_id=72011&offset=1#.UNRXofLZ1JI
Discussion > Labour & Service Law > Disputes > Delay in full and final settlement payment
>> Form16: Lodge complaint with ITO-TDS where employee files his IT return and jurisdictional CIT-TDS where employer files his return.
>> PF; The company could have chosen to deduct PF on the threshold compulsory limit as set by EPFO.
>> ESIC: The wage ceiling was fixed at Rs.15000/pm as per def. of wages in the Act.
{It has recently been hiked to Rs.25000/pm
http://www.lawyersclubindia.com/forum/files/1001059752_esic-limit.pdf}
V R SHROFF
(Expert) 25 September 2013
Well advised, nothing more to add.
