You are right as many of the employees of this establishment have posted initiated many threads at LCI also.
You may search at LCI.
All employee’s may join hands and stand as witness to each other.
The issuance of FnF statement becomes admission of debt.
You may however check if FnF statement is correct or not. It should include all unpaid wages, reimbursements, incentives, leave encashment, bonus, any other applicable amounts or decline to accept it in writing.
You may mention that Payment of FnF amount (By Bank DD only) as per correct FnF statement and Form16 as per correct FnF statement, PF a/c slips of all years, ESIC card, NOC/NDc….etc be supplied by Redg. post only at your address (mention with pin code) and that postage prepaid self addressed envelope is attached herewith for sending redg. post to you.
>>> If employer defaults on payment of wages it may default on PF,ESIC,TDS etc………..
Employee can approach:
----Employees Unions : There are employees unions that have done good job.
--- Trade Unions e.g; CITU, AITUC, INTUC ............................
The trade unions are willing to embrace employees and they are very effective too.
--- Inspector under Tamilnadu Shops and Commercial Establishments Act,
The employer has to maintain and submit requisite forms and registers according to Shops and Commercial Establishments Act. If the employer makes false entries it is offence.
You may go thru;
Tamilnadu Shops and Commercial Establishments Act
Tamilnadu Shops and Commercial Establishments Rules
--- 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.
You may refer to: Payment of Wages Act; Sec13A and 2: 3*[(i), (ia), 3*[(vi), 3, 4 ,5, 13a, 14, 15, 16, 17A, 20………….. and if the Inspector agrees to cover you he may proceed for recovery of wages.
--- O/o Labor Commissioner: The Labor Inspector might also be officiating as Inspector under Payment of Wages Act, Inspector under Punjab Shops and Commercial Establishments Act, Small Enterprise Act…………………………..however you may lodge complaints mentioning the enactments separately.
----RPFC thru nearest PF office
----ESTC Inspector in jurisdictional ESTC office; Applicable to all employees drawing wages (as per def. wages in the Act) up to Rs.15000/pm.
--- ITO; TDS where you file your ITR
--- CIT-TDS (jurisdictional) where company files ITR
----Lawyer/Law firm
---Civil Court
Employees have been contemplating to file criminal complaints u/s 406, 420……………………………and to approach employer as creditors treating unpaid wages as debt on employer e.g;
https://www.lawyersclubindia.com/forum/details.asp?mod_id=72072011&offset=1#.UvYBGEeBmXV
https://www.lawyersclubindia.com/forum/Full-n-final-settlement-100310.asp#.U0AEW0eBmXU
The employees have even filed Winding Up petitions and have succeeded.
Let employer reply whatever it wants.
At Chennai you can access Lawyers par excellence.
You may proceed under the expert guidance of your lawyer. The lawyer that has seen all docs and examined the inputs in person can advice you the best.
