SAz (not working) 01 July 2013
Kumar Doab (FIN) 01 July 2013
For unpaid wages employee can approach Trade Unions, Inspector under Shops and Establishments Act of the state, Inspector under Payment of Wages Act (applicable to all employees drawing wages as per def. of wages in the Act up to Rs.18000/pm) , Labor Inspector in o/o Labor Commissioner. The contact details can be obtained from o/o Labor Commissioner.
You may approach a competent and experienced labor consultant/service lawyer with all of your documents and issue notice to company.
In many of the cases legal notice of the lawyer drills sense into the heads.
Your lawyer can opine that you are covered in definition of ‘Workman’ or ‘Employee’ as in Delhi Shops and Establishments Act or not.
Payment of Wages Act is applicable to all employees drawing wages as per def. of wages in the Act up to Rs.18000/pm. If covered the employee can approach Inspector appointed under this Act.
Or you may have to approach civil court.
There are threads indicating that employees have lodged criminal complaint under Sec 406, 420 and also that employee can treat unpaid wages as debt on employer approach employer as creditor. e.g;
https://www.lawyersclubindia.com/forum/details.asp?mod_id=72011&offset=1#.UboDXNhVMgt
There are many threads on similar queries which you may find relevant and useful.
e.g;
https://www.lawyersclubindia.com/forum/Regarding-pending-salary-pf-83511.asp#.UdFFcTuAqWM
https://www.lawyersclubindia.com/forum/Salsry-on-hold-83258.asp#.Uc67STuAqWM
https://www.lawyersclubindia.com/forum/Salary-not-payed-82310.asp#.UboA-dhVMgs
https://www.lawyersclubindia.com/forum/Salary-not-payed-82310.asp#.Ubc5P_lVPxp
https://www.lawyersclubindia.com/forum/Employer-not-paying-salary--82331.asp#.Ubc5qflVPxo
https://www.lawyersclubindia.com/forum/Non-payment-of-salary-81896.asp#.UbAThNKAqWM
https://www.lawyersclubindia.com/forum/Full-and-final-settlement-not-paid--76066.asp#.UbAUUNKAqWM
https://www.lawyersclubindia.com/forum/Non-payment-of-full-final-sattelment-81866.asp#.UbAUwNKAqWM
https://www.lawyersclubindia.com/forum/Wages-not-paid-by-employer-81628.asp#.UbAVHdKAqWM