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Rajiv   24 August 2015

F n f not cleared from 4 months

I am an X Employee of Melstar Technologies Limited(Part of Aditya Birla Group). I left company on 8th May 2015 and today is 24th August. I am following up from last 4 month and they are not even responding to my mail.I talk to HR head she is telling company has no fund. How come a CMI level 3 company has not fund form last 4 month and that too they have to cleared for 8 days.Is their any way that I can teach them a lesson ? I want to make them cry. Worst company I had ever worked. Company website is  : https://www.melstar.com/ .



Learning

 3 Replies

Advocate Rohit (Advocate)     25 August 2015

you need to serve a legal notice upon them through an advocate thereby raising demand upon them. failing which you may file criminal complaint before the local police station where the office is situated at. Simultaneously, you may take civil action also for recovery of dues.

 

Regards

Adv. Rohit Dalmia

9324538481

Mumbai

Kumar Doab (FIN)     28 August 2015

 

Minute everything in writing under proper acknowledgment. However before you write anything now, let it be drafted by an able Labor Law Consultant/Service Matters lawyer/Law Firm, Employees/Trade Union leaders and you may proceed further after understanding merits and options.

 

Your counsels may opine that you can approach:

 

 

Inspector appointed under (Name of the state) Shops & Commercial Establishments Act, : Such establishments are covered by the Act and you must be covered by the def. of ‘Employee’ as in the Act. This Act does not discriminate between ‘Workman’ and ‘Non Workman’……………and it is inserted in the Act that in case service conditions are not defined then this Act shall govern the service conditions.

 

Inspector appointed under; Payment of Wages Act

 

O/O Labor Commissioner; if you are covered as “workman’…………………and your counsel may opine that you are covered.

 

Higher/Highest Officials of Dept. of labor of your state...............

 

Employee's/Trade Unions e.g. CITU/INTUC/AITUC/BMS etc

 Your counsels may opine that you can lodge complaint u/s 406,420 and file ‘winding up’ petition as unpaid wages are debt on employer, civil suit for recovery etc.

 

If wages are not paid then company might have defaulted on PF,ESIC,TDS etc..............and you may approach:

RPFC

ESIC

ITO-TDS where you file ITR and CIT-TDS where company files ITR

Kumar Doab (FIN)     28 August 2015

Is the company/group company under liquidation/closure?

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