Prior to lodging a formal complaint you may submit a representation addressed to appointing authority, MD and narrate all representations made so far ( by phone: mention phone numbers, names, by email, fax, letter etc) and brief minutes of discussion and decline to accept any reason for delay and demand that your wages be paid at once by bank DD only to be supplied thru redg. post only along with last month salary slip, FNF statement ( for verification and acceptance), Form 16 as per correct FNF statement, Service certificate, Relieving letter, PF number-a/c slips for whole tenure of employment, ESIC number/card, etc........
If company has defaulted on payment of wages it must have defaulted on PF, ESIC, TDS also..................
In case of dispute employee can approach:
-Lawyer/law firm: A legal notice can help to drill sense into the heads. You may request your lawyer to include the HR personnel, , CEO, Chairman, MD in list of noticees............
Designation alone does not decide employee is covered as ‘Employee’ as in Shops and Commercial Establishments Act, and ‘Workman’ as in ID Act....................
Your lawyer may ask you a set of structured questions and may opine that you are covered.
-Trade Unions/ Employees Unions: They know precise ways to handle such issues
-Inspector under Shops and Commercial Establishments Act;
- Inspector under Payment of Wages Act (applicable to all employees drawing wages up to Rs18000/pm as per def. of wages in the Act)
-o/o Labor commissioner
- RPFC for PF
-ESIC Inspector (applicable to all employees drawing wages up to Rs15000/pm as per def. of wages in the Act. Recently it was announced that limit is being enhanced to Rs25000/pm pending notification to this effect. )
-Civil Court.
-ITO-TDS where employee files ITR and jurisdictional CIT-TDS where employer files return.
There are threads to indicate that employees can lodge criminal complaint u/s 420, 406……and even to approach employer as creditor treating unpaid wages as debt on employer...........................
If there are other employees also facing same issues all employees may join hands and proceed jointly.