My company refused to give form 16

You have posted that:

--“I was told that i went for 10 days of august to office till friday and on 13th ( Monday), i resigned, so i have to pay 5 days salary to them, then they will release my documents.”

It is good that you have developed rapport at your workplace and IT Company and Consultant Company both acceded to your requests.

Employee should build rapport and maintain it.

If you have signed a contract the company shall claim that notice pay is your contractual obligation.

If there is a clause in contract issued to you and signed/accepted by you on notice period and notice pay in lieu of shortfall in notice period, you may mention in writing that as already affirmed by you during your previous representations the amount for shortfall in notice period may be adjusted in your FNF statement and correct FNF statement, Form 16 as per correct FNF statement, work experience certificate may be supplied to you.

You may add that a postage prepaid { as purchased from PO} self addressed envelope bearing postage stamps of Rs….is enclosed for sending the payment by DD  and docs to you is enclosed.

--“ I get to know that IT company has paid my 13 days salary to the consultants.”

The consultant should have adjusted the notice pay in FNF statement and should have supplied FNF statement for acceptance to you.

You may apply your rapport and obtain a confirmation from IT company even if by email that it has disbursed the payment of salary for period from dated….to dated….to Consultant Company.

It shall be difficult to conceal the payment as companies salary as expenses it its books.

The company is duty bound to ensure TDS and deposit tax so deducted at source with jurisdictional authority in time and issue Form 16 to employee.

Did you ever issue any representation in writing that Form 16 has not been supplied to you?

Has the company replied in writing.

--“ Its been 5 months, no help and documents have been provided saying later after 3 months that i didnt served the notice period of the consultant company, i.e 15 days.”

The company is “saying” verbally and probably has not replied in writing.

ITR is issued after end of financial year or on separation.

The jurisdictional CIT-TDS can levy a penalty to the tune of TDS if Form 16 is not supplied. However you need to establish that you have been demanding it and company has maintained studied silence/has been willfully and intentionally not supplying it.

Submit a representation to the authority which signed your contract, MD/Director/Prop of the consultant company narrate all representations made by you so far in person, by phone, emails, letters etc {mention dates, name and phone numbers of company personnel, brief minutes of discussion} and enclose a list of payouts company has to make to you and payouts you have to make to company and seek the intervention of good offices for relief.

Apply your rapport, goodwill, and persuasion, persistence, negotiation, reasoning skills and resolve the matter amicably in your favor.

If good offices also do not provide relief then you have exhausted this option and may approach a competent and experienced lawyer and company may yield to legal notice of your lawyer.

You may also look into SE Act applicable to your state and lodge a complaint with the Inspector.

e.g. SE Act Delhi:

2. Definitions:

(7)  “employee” means a person wholly or principally employed, whether directly or

otherwise, and whether for wages (payable on permanent, periodical, contract, piece-rate or commission basis)

19.    TIME AND CONDITIONS OF PAYMENT OF WAGES.

20.    DEDUCTIONS WHICH MAY BE MADE FROM WAGES

21.    CLAIMS RELATING TO WAGES

30.    NOTICE OF DISMISSAL

33.    RECORDS.

41.  WILFULLY MAKING FALSE ENTRIES.