How Can I Take Legal Action Against My Employer for Unpaid January Salary?

Your apprehension is all about one month's salary, right? Why don't you wait for another one month or even two months to get your dues cleared? I suggest you wait for another one or two months during which you can send mails asking for unpaid salary. If your grievance is not attended to or salary is not paid even after your wait for two months, you may approach the District Labour Officer for help or else file a case under Section 15 of the Payment of Wages Act before the Labour Court. Before that, ensure that you were acting as an 'employee'. A case under the Payment of Wages Act will be maintainable if you were drawing a salary of not more than Rs. 10,000 per month. Salary for this purpose means Basic Salary + Dearness Allowance (if any).

Normally, a case registered will take a long time to get settled. It depends upon the pending cases in the Labour Court. Even if you get a verdict in your favor (it is certain that you will get it in your favor only), it will take yet another year or more to recover the amount from the employer. Usually, it will be recovered through revenue recovery action by an order of the District Collector. Think how lengthy it would be!

Therefore, start communicating with the employer, which will be deemed as your claim for payment of wages/salary.

Regards,

Madhu.T.K