It - deducted form salary and not deposited with it dept n form -16 not issued
SANJEEV
(Querist) 23 May 2014
This query is : Resolved
Dear Sir,
my employer has deducted IT form my salary for 06 months and not deposited the same with IT dept.
he has also not issues any Form-16 inspite of several requests and reminders.
kindly advise as to what is the recourse i can avail and what legal provisions exist against such a issue. i also havent got salary for 09 months for which i have initiated a legal notice and corresponding period EPF not deposited.
the above IT is out of salaries paid previous to these 09 months salary nonpayment
regards
Kumar Doab
(Expert) 23 May 2014
First of all submit written representation addressed to appointing authority, MD and narrate all previous representations made by phone (mention phone numbers,dates, names, brief minutes of discussion), email, in person , letters etc and raise your demand and to supply payments by bank DD only various documents by redg. post only so as to reach you in say……………….within 7 days.
Form;16 Lodge complaint with ITO-TDS where you file ITR and jurisdictional CIT-TDS where employer files ITR.
PF; Thru RPFC in nearest PF office.
ESIC: Inspector in jurisdictional office. (Applicable to all employees drawing wages up to Rs.15000/pm as per def. of wages in the ESI Act)
Of course under proper acknowledgment.
Non Payment of dues:
>>>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……………………………….within 1 year.
Salary slip to all employees duly signed by both employer and employee should be issued. Demand salary slip(s) of all months.
All employees can lodge a common complaint for recovery and Inspector may issue FormN.
You may refer to: Payment of Wages Act; Sec: 2: 3*[(i), (ia), 3*[(vi), 3, 4 ,5, 13a, 14, 15, 16, 17A, 20………….. and if the Inspector agrees to cover you may immediately submit requisite Form for recovery of wages.
>>>Inspector under –Shops and Commercial Establishments Act, Small Enterprise Act………….whatever it is.
One of the duties of the Inspector is to ensure that wages are paid on time and FNF of separated employee is also done properly and in time.
>>> O/o Labor Commissioner;
The Labor Inspector might also be officiating as Inspector under Payment of Wages Act, Inspector under Karnataka Shops and Commercial Establishments Act, Small Enterprise Act…………………………..however you may lodge separate complaints mentioning the enactments separately.
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;
http://www.lawyersclubindia.com/forum/details.asp?mod_id=72011&offset=1#.UvYBGEeBmXV
http://www.lawyersclubindia.com/forum/Full-n-final-settlement-100310.asp#.U0AEW0eBmXU
You have already contacted a lawyer and 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.
SANJEEV
(Querist) 23 May 2014
dear sir,
i appreciate the guidance. i have two further querries.
1. my salary has been very high - over 100000 per month and designation as VP.
2. can i file FIR against non-deposit of EPF (no salary for corresponding 09 months, however some advances given spread over 09 months)
Advocate. Arunagiri
(Expert) 23 May 2014
1. You have to approach the civil court for arrears of salary.
2. You have to prefer a complaint before the EPF authorities. They will collect the PF subscription from the employer and will credit into your account.
Kumar Doab
(Expert) 23 May 2014
Other threads by querist:
http://www.lawyersclubindia.com/experts/Jurisdiction-of-winding-up-petition-414841.asp#.U38RIUeBmXU
http://www.lawyersclubindia.com/experts/Non-payment-of-wages-473851.asp#.U38rqUeBmXU
Rajendra K Goyal
(Expert) 23 May 2014
Repeated query:
http://www.lawyersclubindia.com/experts/Non-payment-of-wages-473851.asp#.U38vXChKqRQ
http://www.lawyersclubindia.com/experts/Non-deposit-of-epf-by-employer-473871.asp
Sudhir Kumar, Advocate
(Expert) 23 May 2014
why are you scattering facts on so many threads. why not to continue one.
