Non payment of salary for last 8 months

Need to understand the reason. If the Company is otherwise good and facing a financial crisis, the desire to continue in the employment is natural. Otherwise, the best option would be to shift job and recover salaries - simple option would be file a complaint with the labour inspector under the Payment of Wages Act.

Vasudevan

The contract of employment always stipluates the "conditions of services". Payment of salary in consideration of the services that may be rendered by the employees is obviously a condition of service. If, the salary is not timely paid to the employee, it would be difficult for any employee to pull on the livelihood. 

Here, since the salaries are not paid to all such employees for considerably long span, it would be advisable in this case to file a suit for recovery before the Civil Court of competent jurisdiction. You will have to pay the Court fees based on the claim that may be made in this behalf and wait until the judgment is pronounced and decree is drawn entitling you to such salary. It is certainly a protracted litigation. 

However, if your services are not otherwise dispensed with, you may file an application for interim relief saying that you are neither suspended, removed, dismissed or your services are not otherwise dispensed with. And hence, the salary cannot be withheld. In all probablities, the Court should grant a mandatory injunction after hearing the parties. Such a case arose before the Gujarat High Court, where his lordship justice PD Desaid as he than was passed an order to that effect. Based on such unreported judgment, I was successful in seeking interim mandatory injunction from civil court.

The Industrial Disputes Act is not applicable in your case, otherwise you could file an application under Section 33 (C) (2) of the Industrial Disputes Act for recovery of money due and for which the Labour Court has power, authority and jurisdiction to compute the monetary benefits and issue the recovery certificate. 

The contract of employment always stipluates the "conditions of services". Payment of salary in consideration of the services that may be rendered by the employees is obviously a condition of service. If, the salary is not timely paid to the employee, it would be difficult for any employee to pull on the livelihood. 

Here, since the salaries are not paid to all such employees for considerably long span, it would be advisable in this case to file a suit for recovery before the Civil Court of competent jurisdiction. You will have to pay the Court fees based on the claim that may be made in this behalf and wait until the judgment is pronounced and decree is drawn entitling you to such salary. It is certainly a protracted litigation. 

However, if your services are not otherwise dispensed with, you may file an application for interim relief saying that you are neither suspended, removed, dismissed or your services are not otherwise dispensed with. And hence, the salary cannot be withheld. In all probablities, the Court should grant a mandatory injunction after hearing the parties. Such a case arose before the Gujarat High Court, where his lordship justice PD Desaid as he than was passed an order to that effect. Based on such unreported judgment, I was successful in seeking interim mandatory injunction from civil court.

The Industrial Disputes Act is not applicable in your case, otherwise you could file an application under Section 33 (C) (2) of the Industrial Disputes Act for recovery of money due and for which the Labour Court has power, authority and jurisdiction to compute the monetary benefits and issue the recovery certificate. 

you should not be afraid of your employer.....u r all posted in the corporate office so have the knowledge of the financial as well as business condition of ur employer.....u donot want to loose ur job but one day may come(i will pray that day should not come) when u will see that the main door of ur corporate office has been closed for u......so,take action immediately....rememember that non payment of salaries and wages by the employer means violation of ARTICLE 71 OF THE INDIAN CONSTITUTION.....I totally agree with the suggestions given by the (L)EXPERTS AND ALSO SUGGEST TO FILE A CIVIL SUIT FOR RECOVERY....thanks(.)