Roshan,
Please, always start a new thread.
Is your boss your appointing authority? Or is your boss declared manager/superior in the records under S E act or other enactments?
Did the company issue any salary slip or made you sign on a salary voucher/register, and did it compel you to sign in back date?
Has the company provided you the original copy of appointment order?
As per your appointment order, are you employed on commission basis or on salary?
If you are appointed on salary, company has to pay you salary, and it has to pay in time.
You may refer to THE PAYMENT OF WAGES ACT, 1936.
If the company is in the habit of not paying the salary/wages all employees { ex employees} who have left and who have been terminated { They have also teminated the boys.} and you who is being informed that salary shall not be paid may approach Wages Inspector with a written complaint.
Company posts salary in expenses and is under obligation to maintain record and registers and Inspector can call for records. The offense of the company is serious.
The advantage of lodging complaint in writing under proper acknowledgement is that you can peruse thru RTI at virtually no expense to you, and Inspector shall no option but to penalize the company and get you relief.
All employees who have been terminated are entitled to get notice pay and if they peruse they may succeed in getting retrenchment compensation. They may invoke the provisions of ID act and approach o/o Labor commissioner too.
All Ex. employees who have left may submit written representation to the good offices of the company mentioning that they were not being paid the wages and despite there representations in office they were not paid the wages and hence they had no other alternative but to quit and hence they are not at fault and no notice pay should be deducted and notice period/pay if any should be waived off.
If SE Act is applicable to your company as per SE Act if employee has worked for less than 3 months no notice pay may be applicable. As per SE Act of many states Appointment Order is to be issued and if company does not it can be penalized.
Did the company deduct PF, ESIC? From your post it is noted that strength of employees at one time was more than 10.
You can lodge complaint with o/o APFC, RPFC, with a copy to Addl. CPFC, CPFC also.
For ESIC you can approach Inspector under the Act.
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
No employee including a trainee should be made to work without paying the wages.
You may stop interacting by verbal transaction only and start building the record in your favor by submitting the written representations {gentle}even if by email { from your personal email id or with copy to your email id} addressed to the good offices of your appointing authority, MD, Company Secretary and narrate that the salary of ………month was denied and then paid on dated………for……. Days, although you worked for entire month….and salary for the month of ………is being denied to be paid, by Mr/Ms………as per meeting on dated………and intervention of good offices is sought for relief to you.
Remain gentle and amiable.
Start looking for next job. If at all you resign, submit notice of resignation and avoid abrupt termination.
Did the company display its standing orders at the entrance, gate, and notice board and circulate these to employees.
Confirm if standing orders were applicable to your industry and company and did the company extend these to your designation. If standing orders were applicable and certified standing orders were not formed by your company model standing orders shall apply.
The standing orders are to be displayed at notice board and should be supplied to employees at nominal charges {say Rs.10/}. You can peruse the RTI route and request the PIO at concerned o/o Labor Commissioner {location: redg office or Corporate Office of the company} to supply you the certified copy of the certified standing orders of the company. Model Standing orders may be posted at Dept. of Labor website of your state.
If the company do not yield to your representation, it shall be appropriate to approach a competent and exeprienced labor consultant/service lawyer, well versed with such matters, show all documents and give inputs in person, and let your lawyer evaluate the merits, and suggest appropriate forum if the need be.
The company may yield to legal notice of your lawyer or you may have to agitate in appropriate forum.
