In a given situation employee can invoke the Industrial Employment standing orders Act, Payment of Wages Act, SE Act, and ID Act as per explanation of employee under these Enactments or approach civil court.
Companies burn extra energy to convince employee that he/she is not a workman as many of the enactments favor employee and limit the choice to employer. However designation alone does not decide employee is a workman or not.
You can agitate at last place of work: Delhi, Location of Employer: Gurgaon.
If you have tendered notice of resignation and employer has accepted it before expiry of notice period it can be termed as illegal and you may agree if employer tenders notice pay.
Your lawyer may opine that you can agitate from your current location. Or you may entrust the mater to your lawyer at Delhi.. Your lawyer can represent you.SE Act of Delhi is enclosed.
Employer shall have to pay.
The conduct of the company is perturbing. You may issue notice to concerned and offending employer by name. The act of company may be treated as criminal breach of trust and you can charge them by name. Let them run to your location and stand in corridors and sit on bench.
Delhi SE Act
19.TIME AND CONDITIONS OF PAYMENT OF WAGES.
30. NOTICE OF DISMISSAL.
33. RECORDS.
34. EMPLOYER TO FURNISH LETTERS OF APPOINTMENT TO EMPLOYEES.
35. INSPECTION OF REGISTERS AND CALLING FOR INFORMATION.
40. PENALTIES.
41. WILFULLY MAKING FALSE ENTRIES.
42. PENALTY FOR OBSTRUCTING INSPECTOR.
Shops and Establishments Act, 1954 does not exclude the
application of the Industrial Disputes Act, 1947
(d) Can an Inspector require an employer to produce the record in his office for
inspection?
Delhi Govt. on :
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THE INDUSTRIAL EMPLOYMENT (STANDING ORDERS) CENTRAL RULES 19461
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5.
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The prescribed particulars of workmen for the purposes of sub-section (3) of section 3 of the Act shall be:
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2.
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Classification of workmen.-
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3.
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Tickets.-
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11.
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Payment of wages.-
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12.
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Stoppage of work.-
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13.
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Termination of employment.-
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14.
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Disciplinary action for misconduct .-
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17.
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Liability of 1[employer].-
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The 1[employer]of the establishment shall personally be held responsible for theproper and faithful observance of the standing orders.
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THE PAYMENT OF WAGES ACT, 1936
3.
Responsibility for payment of wages.
4.
Fixation of wage-periods.
5.
Time of payment of wages.
