Fraud
mcdeepak
(Querist) 28 September 2014
This query is : Resolved
I had worked for a org from 2010 from 2012 salary dates slipped and by dec 2013 we had 6 monts salary due and TDs deducted in 12/13 salary has not been remitted to IT and we have got demand notices.
This Org claims to have turnover 1245 crs and profit of 88 crs reserves 411 crs and eps 32 , but still claim no fund for salary, and TDS and PF
Has huge loan of 3900 crores as per Charge account allocated by various banker more than the current assets, and modgaging the same Fixed assets.VAT and ED dosnot taly the turnover
how do we recover and also report this financial fraud without damaging our life, can I get some solid support.
Kumar Doab
(Expert) 30 September 2014
The issue has been discussed in following threads initiated by you too:
http://www.lawyersclubindia.com/forum/Salary-not-paid-for-last-5-months-and-form-16-not-issued-90255.asp#.VCj7rmeSwb8
http://www.lawyersclubindia.com/forum/Salary-not-paid-for-9-month-tds-deducted-but-not-remitted-98990.asp#.VCj7I2eSwb8
1. All employees at all levels may unite hands and jointly approach an able
Labor Law consultant/Service Lawyer-Law firm and proceed further under expert guidance of your lawyer. While the persons that are covered as ‘Workman’ as in ID Act, ‘Employee’ as in Shops and Commercial Establishments Act can approach Inspector (State/Central) under these enactments, the other employees may approach court of
law……………………
The employee’s unions/Trade Unions may also be approached.
Other strategies have also been mentioned. Apply all handles and extract your payment AS AP.
2. The authorities that can be approached has been discussed in other threads…………………..
3. Firm up next venture AS AP. It is futile to continue to work with this employer. All employees should claim the notice period has lost its sanctity. Apply your resources and skills obtain service certificate and relieving letter both.
4. If the banks initiate the recovery and company is to be liquidated your turn shall come in the last. Obviously after the GOvt. and bank dues are paid nothing would be left to pay you.
T. Kalaiselvan, Advocate
(Expert) 04 October 2014
This is a serious issue involving the entire company, hence, you may sit and talk to the like minded employees of the organisation, arrive at conclusion about the next strategy in this regard, approach a local lawyer practicing exclusively in the relevant field, take his advise and help and then proceed with the intended/ advised legal action.
