You may approach an able Labor Law Consultant/Service matters lawyer that can help you to determine that you shall be covered as 'Employee' as in (Name of the state) Shops and Establishments Act,' as Workman' as in ID Act............and under Payment of Wages Act…..and then you may approach Inspector appointed under Shops and Establishments Act...............The O/o Labor commissioner can guide you if labor Inspector is also officiating as Inspector Shops and Establishments Act/Payment of Wages Act and can provide the contact details of all............
You can also approach Employee’s and Trade Unions e.g CITU/INTUC/AITUC/BMS etc.........
Legal notice is sent by lawyer. However you may prefer Labor Law Consultant/Service matters lawyer
The union can also serve demand notice.
The employee can lodge complaint the moment payment of earned wages is delayed even if by a day from usual/fixed pay day and employer can be penalized say Rs.7500/instance……….
The salary slip has to be supplied at least a day before pay day and should be signed by both employer/employee. The salary slip has to show each deduction including statutory one s:::PF,ESIC,TDS …………….
If last salary was not processed then PF,ESIC,TDS might have not been processed……….
Employer is liable to supply acknowledgment of notice of resignation, acceptance of notice, acceptance of final resignation, service certificate, relieving letter, correct FnF statement showing computation of earned wages/leave encashment/bonus/TDS/incentives/reimbursements etc for verification and acceptance, Form16 as per correct FnF statement, PF number with a/c slips,ESIC card etc………………..within last date in office……………….
If you had tendered notice then employer had sufficient time to complete all formalities and handover everything on last day………………….in office.
Your Labor Law Consultant/Service matters lawyer may opine that you can also file complaint u/s406,420……………………winding up petition as unpaid wages are debt on employer and approach:
RPFC
ESIC Inspector
ITO-TDS where you file ITR and CIT-TDS where company files ITR…