What are the legal remedies available to non-journalist - ad sales manager with good salary by contract with a newspaper; when for over a period of seven months the due has not been paid by the newspaper organisation to the employee.
Does the Payment of wages act help?
Or is it under the Wage Boards?
Matter:
Ad sales manager starts work in January 2015 under a contract wherein probation period is 6 months.
In mid-June he falls sick and leaves work and in July he orally informs the organization that he has quit and shall not be working due to late salary.
January salary paid in February.
February salary paid in March.
March salary paid in May.
April, May & June salary due.
Since July the newspaper organization does not reply to his calls and asks him to meet the Managing Director.
In January 2016 the Managing Director & the Adminstration & HR manager says that there are no outstanding dues as per records and so no payment can be made.
They refer to the contract wherein they say its mentioned that salary shall be commensurate with fixed targets for newspaper ad sales and thereby as the targets were not matched so no salary.
Wherein going through the contract there is no mention of same.
There are more than five more aggrieved employees who have been mistreated in this way.
How to take this forward.
Kindly suggest all available legal remedies.
Its a Mumbai jurisdiction matter.
Thanks