Shocked on reading your post. You have passed through a great ordeal.
Anyway, coming to solution. Since you were working in managerial capacity, the only option you have is to file a civil suit. I don't think even labour court will admit your case.
Before filing a suit, you may approach the local labour officer. However, whether he will intervene that remains to be seen as you and your colleagues were not "workman".
Other seniors will give their opinions too.
1st December 2018 From India, Bangalore
1st December 2018 From India, Salem
#AnonymousThanks sirs for your opinion. We are planning to do the same.
1st December 2018 From India, Bangalore
Go and take help of a qualified advocate who works on labour cases and issue notice to the company.
In case they fail, then file a suit for recovery.
it is a long process but if actively pursued,results will come positive.
Not withstanding the fact that you are not workmen keep labour officer informed on the issue of non payment of pay and allowances.
2nd December 2018 From India, Pune
The labour legislation dealing with wages are MW Act and POG Act.The latter is applicable only to wages not exceeding Rs 24000/pm.As Sr Manager the salary would be above that limit.
Recourse to labour office under ID Act is available only to workmen.
Since these kind of non payment of salary is rampant in India, the govt should remove the cap of wage ceiling under the Payment of Wages Act 1936.
Varghese Mathew .Tvm
3rd December 2018 From India, Thiruvananthapuram
Need your advice, I am an IT professional & have worked for a Engineering company in Belagavi, Karnataka in the capacity of IT Manager.
I have worked for this company for about 3 years and along with me were my other colleagues who worked for almost the same tenure.
It was start up company and was doing good until it underwent a loss, where the concerned HOD of sales & marketing department & the whole team, didn't do justice to their job and left heavy recoveries in the market (though the were getting high incentives for just order booking).
Once fine day the concerned HOD of sales & marketing department put up his papers and along with all other marketing team also joined hands and stooped coming to office from the very next day. The Management (Vice Chairman and Managing Director) relieved from the services them by paying them the payable notice pays and relived them (This was funny or shocking couldnít judge), although I had advised that the Managements decision was wrong.
Apart from this, a team leaders meeting was called by Management (Vice Chairman and Managing Director) for discussing the finance condition of the company and to induct on fund recoveries strategies. In the meeting it was decided to stop future order bookings and go for fund recoveries, hence a team was framed for outstanding fund recoveries of which I too was a part. Accordingly team of 06 members along with a leader was formed and assigned task of recollection, I was one among the team leaders.
As instructed by the Management (Vice Chairman and Managing Director) all the teams including selfís team went out for recovery process & did achieve success to some extent, which again was far ahead than the expectation of Management. However, inspite of our efforts company still went on loss, as only recovery was active and production was null. In the sense the funds to be recovered from market was slowly rolling back but no new orders could be seen, gradually impacting / increasing the cost of the company. No sooner the Management decided to stop employee salaries!!! This went for two months; all employees at all levels were not paid salaries. Workmen & staff came with requests for salary advances and self being in HR was in very tough situation. Many workmen approached labour office for justice and they got their settlement done immediately.
This all was running in complete mess, then one fine day The chairman, advised The Vice Chairman and The Managing Director to discontinue our (Team Leaders) services stating reasons we have misused our powers. This came as a shocker for all the team leaders as none of us had done anything wrong, second supported Management in all ups and downs and all of sudden we were caught hold for nothing.
We all decided to approach the Management, as to ask for the relevant reason why the sudden decision was initiated. Each of us approached individually and asked what was the reason for the decision. When inquired the allegation on my part, the Vice Chairman and Managing Director said in a funny way that I have misused my power by hiking salaries as per my wish without getting management approval!!! I had understood by this time that Vice Chairman and the Managing Director were culprits who were incapable of handling their positions. Immediately I presented the relevant papers of salary fixations and recruitment for their reference to prove them that all documents / papers had signature of the GM, company MD, which was also presented to the Chairman, for which none of them had anything to say.
With all this & frustration of wrong allegation I had no other option left rather than to resign. Same way other team members also resigned and submitted it to the VC & MD who inturn asked us to submit the papers to Chairmanís PA.
However we were moving out hence without thinking twice we submitted to Chairmanís PA. He on receipt of our resignations ensured us resignation acceptance from Chairmanís office & ensured full and final settlement to be settled at the earliest.
He requested us to stop entering the office premises with immediate effect for which all agreed.
The worst part in this was, none of the team leaders were reporting to the Chairman directly!
Even after months of follow none of the Management, Chairman or his PA turned up.
We even tried approaching the new GM of the company but all are deaf to our voice! Itís been almost 02 (two) years now neither we have got our resignation acceptance nor any full and final settlement.
We even tried approaching over emails, calls or text messages all of which were unanswered.
With nothing left as option we are planning to bring this Management unfair practice to light. Hence request seniors or advocates to please advice us.
Note: The Management belongs t o one ruling party hence are adamant in practicing such unfair activities
3rd December 2018 From India, Bangalore