Please help me

Dear Prashant

It's unfortunate that hire and fire is still continuing.

In your case send a polite letter to the apponting authority narrating all the facts from the beginning. Mention that for no visible reason your sevices were terminated. Eventhough prereceipt for payment was taken no payment for the days worked has so far been made. Send by Speed Post with AD. Also e-mail the letter. Wait for ten days. If no reply comes send a reminder by e-mail as well as by Speed Post with AD. After 7 days if no reply comes approach a good advocate in the field and issue a pleader's notice. You can even now serve a pleder's notice but it's better to have little patience. You can follow the adivce of the advocate and file a suit in the civil court claiming for your salary and damages.

Dr. Trinath Dash 

You seem to have become a victim of unscrupulous employers luring employees without issuing proper documents and then after extracting duties and work from them leaving them to lurch…………….without paying them.

Caution your peers, colleagues, near and dear ones to stay away from such employers and remain careful.

Did you keep copy of FNF statement signed by you? You were at your permanent address as mentioned in your offer letter on the day you received communication to come and sign the FNF statement???

Demand copies of FNF statement which was signed by you.

Your lawyer may opine that you can lodge a complaint with police under Sec 406,420 with o/o Labor commissioner, and

-----------Inspector under Payment of Wages Act: (applicable to all employees drawing wages up to Rs.180000/pm as per definition of wages in the Act),

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…………..
(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.

13A. Maintenance of registers and records. 

15. Claims arising out of deductions from wages or delay in payment ofwages and penalty for malicious or vexatious claims. 

-----------Inspector under Uttar Pradesh Shops and Commercial Establishments Act:

Discharge  of employee by his employer:

No employee shall be discharged from services by his employer except on the ground that-

-          The post held by him has been retrenched.

-          He is unfit to perform his duties on the ground of physical infirmity or continued ill-health.

-          He has been served with a notice in writing containing the grounds of discharge. The notice shall be for a period of not less than 30 days.

Dismissal for misconduct.

Maintenance of registers and records/ Inspector & facilities to be afforded to inspector:

……………….. Every employer shall employing employees more than 25 shall be required to maintain a register of attendance and wages in Form ‘G’…………

Trade Union/Community Leaders can also help and to move police into action.

Thanks for your suggestions Trinath sir... I'm having lots of patience sir but as i've told earlier, I've already spend a lot of amount from my own saving working for this company but didn't receieved a single penny from their side...Even i requested them so many times on their official Mail address and personally by visiting their premises...but all in vain...all i have is mail communications from their official mail address for concerns like offer letter, daily reporting, discontinuation from services, F&F settlement etc.

thanks for repying kumar doab sir...

No sir, i'm not having copy of F&F settlement form... also they communicated me to come for F&F settlement through their official Mail Address.

Sir, one more thing i want to know...is it possible that a employer can pay amount in cash for F&F settlement as this is the only concern which is troubling me.

Employer should obtain receipt from employee and maintain record for three years. Usually companies pay by cheque.

THE PAYMENT OF WAGES ACT, 1936

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.]

well eleborated by Mr Kumar Doab