Mr. Pathak has given valuable advice. Kindly follow it.
The following is a heartfelt opinion only and let your lawyer’s opinion be final on all points discussed in this thread.
Your resolve is appreciable.
You have posted that:
“this company is habitual of holding the salaries of employees and tormenting them for titular amounts & even terminating by manhandling them in its premises”
All affected employees may join hands and be witness to each other.
It is felt hat you have documents to establish the employer-employee relationship.
Companies post salary etc in expenses and have to file quarterly return.
Inspector under Shops and Establishments Act, Payment of Wages Act can call for records.
In addition to the Industrial Disputes Act, 1947, states also provide for compliance's under the Shops & Establishment Acts, Standard Standing Orders Act…….
---------- The company did not issue any appointment letter hence no T&C on notice period/pay is agreed upon thus no notice period/pay is applicable.
If you have not sent your lawyer to labor court, the lawyer of company may also not be allowed. You may agitate on tactics of the lawyer to delay the matter by asking for dates on one pretext and other.
You may go thru an interesting thread at:
https://www.lawyersclubindia.com/forum/Re-Id-act-sec-36-legal-practitioner-consent-51724.asp
You may persist and insist upon appearance in person of appointing authority, owner/promoter/director/manager/agent of employer etc………
You may demand Pay slip, appointment letter, Acknowledgment and acceptance of resignation, correct FNF statement, payment of FNF dues by bank DD only, Form 16 as per correct FNF statement, PF number, PF a/c slip for full tenure of service, work experience/service certificate, reliving letter, ESIC number ( applicable to all employees drawing wages as per def. of wages in the Act up to Rs.15000/pm etc)………………
-------------https://chandigarh.gov.in/dept_labour.htm
PUNJAB SHOPS AND COMMERCIAL ESTABLISHMENTS ACT, 1958
Under this Act the Assistant Labour Commissioner is Chief Inspector of Shops and Competent Authority…………………………which regulate the working conditions of the workers in the Shops and Commercial Establishments. The said Act envisages opening and closing, rest intervals and close days in respect of such establishments.
The Punjab Shops and Commercial Establishments Act, 1958
2. Definitions;
(vi) “employee” means……………
(vii) “employer” a person having charge of or owning or having ultimate control over the affairs of an establishment and include members of the family of an employer, a manager, agent or other person acting in the general management or control of the establishment;
(xvi) “manager”…….
(xvii) “wages”…… shall have the meaning assigned to it in the Payment of Wages Act, 1936 (IV of 1936);…….
{Rate of wages or salary………..( Here the question arises what does your salary include to satisfy various act including but not limited to Section 17(1) of the Income tax Act, which only your employer can answer.)}
18. Realisations of compensation. -- (1) In case of contravention of the provisions of
section 16, if a judicial Magistrate is satisfied that the employee has not been paid his due
wages, he shall direct the employer to pay the wages along with compensation not
exceeding eight times the amount of wages withheld.
20. Record.—
2) The employer of any establishment, about the business of which persons are
employed, shall in the prescribed form and manner keep a record ofworking hours, rest
intervals and the amount of leave taken by every person employed about the business of
an establishment and particulars of all overtime employment shall be separately entered
in the record.
(6) If any person with intent to deceive makes, or causes or allows to be made, in any
such record, register or notice as aforesaid anentry which is to his knowledge false in any
material particular or willfully omits or causes or allows to be omitted from any such
record, register or notice an entry required tobe made therein, he shall be liable, on
conviction, to imprisonment for a term not exceeding three months or to a fine which
shall not be less than twenty five rupees and may extend to two hundred rupees or both
23. Notice by employee…………..NIL if period of employment is less than 3 months.
32. Bar of Legal Practitioners in certain proceedings. – Notwithstanding anything
contained in the law relating to legal parishioners for the time being in force, no legal
practitioner shall be permitted to appear, plead or act for the employer or the employee in
any proceedings, before a court between an employer or the employee, arising out of the
contravention of any of the provisions of this Act.
-----------Pay day for FNF dues/wages: Usual pay day.
Lodging a complaint with Inspector under Payment of Wages Act (applicable to all employees drawing wages up to Rs.180000/pm),
THE PAYMENT OF WAGES ACT, 1936
{Applicable to all employees drawing wages up to Rs.18000/pm as per def. of wages in the Act}
2. Definitions:
3*[(vi) "wages" means…………..
{ Rate of wages or salary………..( Here the question arises what does your salary include to satisfy various act including but not limited to Section 17(1) of the Income tax Act, which only your employer can answer.}
(d) any sum which by reason of the termination of employment of the person employed
is payable under any law, contract or instrument which provides for the payment of such sum, whether with or without deductions, but does not provide for the time within which the payment is to be made;
3. Responsibility for payment of wages.-
4. Fixation of wage-periods.-
5. Time of payment of wages.
6. Wages to be paid in current coin or currency notes.- All wages shall be paid in current coin or currency notes or in both:
5*[Provided that the employer may, after obtaining the written authorisation of the employed person, pay him the wages either by cheque or by crediting the wages in his bank account.]
13A. Maintenance of registers and records.
5*[13A. Maintenance of registers and records.-(1) Every employer shall maintain such registers and records giving such particulars of persons employed by him, the work performed by them, the wages paid to them, the deductions made from their wages, the receipts given by them and such other particulars and in such form as may be prescribed.
(2) Every register and record required to be maintained under this section shall, for the purposes of this Act, be preserved for a period of three years after the date of the last entry made therein.]
15. Claims arising out of deductions from wages or delay in payment of wages and
penalty for malicious or vexatious claims.
16. Single application in respect of claims from unpaid group.
------standing orders of the company/model standing orders:
13. Termination of employment:
.--(1) For terminating employment of a permanent ……. one month’s notice in the case of monthly-rated workmen and two weeks’ notice in the case of other workmen: one month’s or two week’s pay, as the case may be, may be paid in lieu of notice.
(2) No temporary …..and no probationer …. shall be entitled to any notice or pay in lieu thereof if his services are terminated
{Implies notice period is not applicable to probationer}
11. Payment of wages., 15. Complaints.--
16. Certificate on termination of service.--Every permanent workman shall be entitled to a service certificate at the time of his dismissal, discharge or retirement from service.
NOTE. - There is a provision under this Act for issuing a service certificate at the time of dismissal, discharge or retirement and every person is entitled to take such certificate.
17. Liability of 17[employer].-, 18. Exhibition of standing orders.—
--------------There are threads at LCI indicating that employees have lodged criminal complaints with police under Sec 406, 420 against employers for not paying their dues.
---------Unpaid wages may be claimed as debt on employer.
You may go thru an interesting thread at:
https://www.lawyersclubindia.com/forum/details.asp?mod_id=72011&offset=1#.UNRXofLZ1JI
