Wage claim of employee not a workmen

if you are not workman under ID Act you can claim wages by way of money suit only.

In addition to the Industrial Disputes Act, 1947, several states also provide for compliances under the Shops & Establishment Acts, Standing Orders Act, the employee that falls within the definition which has been provided under these enactments, would be protected up to that extent.

The Shops and establishments Act of some states is so employee friendly. The concerned employee may look into the act applicable to the state and if he can be covered a s employee.

If the wages drawn by employee as per def. of wages in Payment of Wages Act were Up to Rs.18000/pm, the concerned employee may opt for it.

In case the employee is not covered by either of the enactment the employee may approach civil court. The limitation period may be checked. It might be 3Y.

There are threads to suggest that employees have been contemplating to file criminal complaint under Sec 406, 420 and to approach employer as creditor………………….

https://www.lawyersclubindia.com/forum/details.asp?mod_id=72011&offset=1#.UNRXofLZ1JI

The affected employee may approach all options…………………..

 It shall be beter to proceed under the expert advice of an experienced  lawyer