Serving notice period when 3 months salary is not paid

Wait till notice period is completed. and employers generally make full and final settlment at the time of relieving date. You must get relieving letter for your future reference. Give a complaint for your arrears of salary in writing  to the labour commissioner at the jurisdiction where your office is located. 

You should provide full information, pointwise!

What is this establishment registered as: Commercial,Industrial?

What is its line of business:IT,ITeS,banking etc?

How many maximum persons are employed in it at any point of time, before and after your joining?

Has this Director/Manager been  your appointing authority?

Has he/she replied to you by email?

The Redg Office, Corporate Office of the company, and your reporting office was located in which state?

What was your designation and nature of duties?

Do you have leave policy, HR policy, Service Rules and Regulations, Conduct and Discipline Rules, Exit Policy that are mentioned in the appointment letter?

Have you downloaded the latest version of HR policy, Service Rules and Regulations, Conduct and Discipline Rules, Exit Policy that are mentioned in the appointment letter from employee;s portal, showing the date and validity?

What was your monthly salary?

Was any appointment letter, salary slip of each month, PF number with a/c slips, ESIC card,Form16 given to you?

What is your designation and nature of duties?

How many persons were reporting to you? Did you have any power to sanction (not just recommend) leave/increment/appoint/terminate? Can anyone above you cancel recommendation/sanction given by you?

Have you demanded your salary and Form16 in writing under proepr acknowledgment?

Have you paid I.Tax from your pocket?

Did you resign in writing under proper acknowledgment (followed by letter under acknowledgment or by Redg. Post) , and mention NO tasks are pending at your end and to whom you should handover the charge?

Has acknowledgment of notice of resignation, supplied to you?

Are you a member of any employee’s/Trade Unions?

What is this establishment registered as: Commercial,Industrial? I don’t know about this. It is a private unlisted company.

What is its line of business:  IT company a startup company 

How many maximum persons are employed in it at any point of time, before and after your joining?
During my tenure, maximum employee in IT department  reached was 12. Currently only 3 employees left.

Has this Director/Manager been  your appointing authority?

The Director is CEO of the company.
 
Has he/she replied to you by email? Yes 
 
 
The Redg Office, Corporate Office of the company, and your reporting office was located in which state? 
Registered office and Corporate Office: Mumbai
My Reporting office: Bangalore
 
What was your designation and nature of duties?
Designation:Senior Software Engineer.

My nature of duties was programming and creating website for in house product.

Do you have leave policy, HR policy, Service Rules and Regulations, Conduct and Discipline Rules, Exit Policy that are mentioned in the appointment letter?
Yes, in appointment letter terms are  mentioned. But its not detailed document for exit policy and leave policy.

Have you downloaded the latest version of HR policy, Service Rules and Regulations, Conduct and Discipline Rules, Exit Policy that are mentioned in the appointment letter from employee;s portal, showing the date and validity?
 No, There was no such copy available.  

What was your monthly salary?
44800

Was any appointment letter, salary slip of each month, PF number with a/c slips, ESIC card,Form16 given to you?
    Appointment letter was given dated March,2012.
    Payslips was given till March 2015. After that there was no HR in the company. 

Salary for May 2015, June 2015 and July 2015 are still pending.
    No PF account in this organisation.
    Form 16 for the current year is not given.
 

How many persons were reporting to you?

 None

Did you have any power to sanction (not just recommend) leave/increment/appoint/terminate?

None

Can anyone above you cancel recommendation/sanction given by you?

NA
 
Have you demanded your salary and Form16 in writing under proepr acknowledgment?
I have emailed him about salary and form 16. But no reply in email as such I got from him.
 
Have you paid I.Tax from your pocket?

Till now I have not filed the returns for the current year.
 
Did you resign in writing under proper acknowledgment (followed by letter under acknowledgment or by Redg. Post) , and mention NO tasks are pending at your end and to whom you should handover the charge?
 I have resigned by email on July 16,2015.

Has acknowledgment of notice of resignation, supplied to you?
I have got acknowledgment by email stating 22 Aug,2015. He listed some more task to be completed in the duration.
 
Are you a member of any employee’s/Trade Unions? No

It is felt that the notice period applicable should be 30 days and employer has asked for more than this, and hence you can decline.

Salary slip has to be given atleast a day before disbursement of wages on fixed date/due date of payment of wages.

If employer has not been paying salary on due date and has applied TDS but has not deposited then employer has breached and has become unworthy of being employed with and in such case T&C like notice period/pay has lost its sanctity.

There are many IT/ITeS employee’s/trade unions that can help you.

The o/o Labor Commissioner, certifying officer (usually DLC in o/o Labor Commissioner) , Inspector appointed under Payment of Wages Act/Shops & Estabs Act, higher officials of Dept. of Labor, ITO-TDS where you file ITR, CIT-TDS where employer files ITR can be approached.

You may consult an able Labor Law Consultant/Service Matters Lawyer/Law Firm in person.