Submit a carefully structured and drafted representation to the good offices of appointing authority, MD, Chairman, Company Secretary, try your level best to resolve amicably and in the process build some favorable written record, and also demand:
--Certified copy of the private agreement on which your signatures were obtained and claim that this should have been supplied to you on the spot but has not been supplied to you despite your subsequent representations in office. If you have some record of representations, narrate it, and cite the name/designation/dept/name of company/address of company personnel mentioning dates/phone numbers/emails/in person visits etc…..
--Acknowledgment of all cheques, down payments (mention name/designation/dept/name of company/address of company personnel to whom cheque was sent and the one who received it and also the one who sent it for encashment, cheque number, date, amount, name of bank, of encashment etc)……….claiming the same has not been supplied to you despite your representations in office……………..
Request them gently to instruct one and all not to force you or coerce you or to resort to forceful occupation of the vehicle, for which you have paid amount of Rs………..+ bank’s loan interest + vehicle maintainance charges ( keep the bills) + .depreciation as you are going to be the owner after completing your contribution over period of time……….
If some negotiation is possible on refund of your monies, you may carefully handle it and minute it carefully to suit you in the long run.
--All pending salary slips which have not been supplied till date, and conclude that the company stopped supplying these after the agreement was signed by you…………. claiming the same has not been supplied to you despite your representations in office……………..
Payment of Wages Act (applicable to all employees drawing wages up to Rs.18000/pm as per def. of wages in the act) specifies the pay slip be provided and be signed by employee, and record is maintained for three years…..You may also go thru sections of deduction of advances, loan etc( Sec7,8,10,12, 12A )……….and you can agitate for claim of 100% ownership of the vehicle by company (Sec 15) …………..
6. Wages to be paid in current coin or currency notes.- All wages shall be paid in current coin or currency notes or in both: 5*[Provided that the employer may, after obtaining the written authorisation of the employed person, pay him the wages either by cheque or by crediting the wages in his bank account.]
13A. Maintenance of registers and records.
5*[13A. Maintenance of registers and records.-(1) Every employer shall maintain such registers and records giving such particulars of persons employed by him, the work performed by them, the wages paid to them, the deductions made from their wages, the receipts given by them and such other particulars and in such form as may be prescribed.
(2) Every register and record required to be maintained under this section shall, for the purposes of this Act, be preserved for a period of three years after the date of the last entry made therein.]
You have posted that :” It is under staff advance, but since then company stopped sending salary slip, either hard copy or by email.”
Since no advance has been paid to you, how come the amount is posted as advance? You may demand an explanation/illustration in writing and Company should reply in writing.
You have posted that:
----“ NO Link. As company never mentioned, verbally or in written that this incentive is next year performance based.”
You may demand an explanation/illustration in writing and Company should reply in writing, why the demand of returning the vehicle………….
---“ But got only vague answers.’
Escalate to good offices and rephrase your questions and demand a specific and correct reply, since you have paid significant amounts, and attempt to conceal may entitle you to raise issues for being defrauded……..
---“this year’s renewal is pending from union side.’
Obtain the renewal as ap.
If acceptable and workable at your end you may think upon putting up the issue before works committee, grievance redressal committee………etc
The union can take up the matter of Ex. Employees and rake up the issue, with management, o/o Labor Commissioner………….
The Ex Employees may succeed to rake up the issue under Sec: 16. Single application in respect of claims from unpaid group. Of Payment of Wages Act or for Unpaid Wages under Shops and establishments Act. One of the duties of Inspector under this Act is to ensure that wages/payout to separated employee are paid in time…..
A letter/memorandum from the union may act as deterrent and fetch relief for ex. Employee as well.
----“Company delivered vehicle to my state”
You may succeed to agitate at your location.
----If you are apprehensive of forceful recovery you may approach police, court of law for injunction.
You may also succeed to claim with bankers that company has seconded the vehicle to you against payments, proof of which is with you………..
Explain the matter to good offices and mention specifically that a written reply and pending documents be supplied to you.
All Ex-employees can expose the company before media, Labor officials etc…………
If your representations to good offices do not yield any relief, then your options are lawful authority, court of law.
If good offices do not act as unbiased Parent, court and state will act as court and state is “Parens Patriae” : Parent to the Nation.
Or you may swallow the loss and let the practice continue.
Let your lawyer’s opinion: who has seen all your docs and has analyzed the merits in your inputs be final on all points discussed in this thread.
Valuable advice of learned experts/members is sought.
