The response remains the same. Employee should represent in writing, and demand to waive off the notice period/pay in writing, citing the reason and declaring the employer as unworthy of being employed with, extract a written communication that notice period/pay is waived off.
The employer form his point of view would love to square off the dues with notice pay.
The non payment of earned wages is breach by employer. The employee may pull the employer before o/o Labor Commissioner, Inspector Under Shops and Establishments Act (applicable to all employees as per definition of employee in the Act), 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)………………and extract a written communication that notice period/pay is waived off.
There are thread to suggest that employees have filed criminal complaints under Section 406, 420……….to drill sense into the heads, and that unpaid wages can be claimed as debt on employer.
A legal notice by lawyer/law firm, a notice by Trade union may also help.