Due salary - they are not paying my salary - 38 days salary is pending

I have joined on 11th October 2013 in an ad agency. They have not provided me any appointment letter. They have paid a salary by cheque for the month of October on 11th November. But on Dec 7 2013 they told me to discontinue the job. After that, they are not paying my salary for November and Dec 7 days that means 38 days salary is pending with them.

As it is a ad agency , it is might be with a small size & manpower with no organized /professional way of running /existence.
Expectation of any appointment letter from such a agency doesn't full fill always.
It is advisable to ask any of your family member or friend to discuss with owner of agency with facts of your employment/ demand
and ask to release your due salary with a humble request.
The issue of due salary can only be resolved with mutual understanding and agreement.
Hope above action may help you out .
Thanks

No they are not giving salary by mutual talk. Instead of that they r saying that u can go to court.

If they are straight way rejecting your request then written complaint can be lodge in the respective area's office of Labour Commissioner,
with presenting facts/proofs of your employment and hoping for the solution.
Valuable comments from senior member's of the forum would be more helpful/effective.
Thanks

Dear Skavita,
In my opinion, as they are straightly denying for payment, you should first write them a letter mentioning that your salary for so and so period is pending and still not paid by them, in-spite of several reminders. Clearly mention that if your account is not settled within given time period then you will approach Labour Authorities.
Send this letter through Registered AD and also mark CC of this letter to Labour Commissioner of your area. Mention you complete and correct address on that letter. If still they don't reply you, you may approach Labour Office for recovery of this.
Hope this will help you.

i have send them 2 letters through registered AD. They had replied that they r paying me professional fees and saying that they had free from job once i refuse to do which was wrong. in short they said that i m not labour. Also told me to went in court.

So, its better to meet an advocate and send them a legal notice for clearing your due amount.

what was the possibilities of getting my salary after going in court. I had only bank statement of one month salary which was paid by cheque by them

Dear Skavita,
Will you please share that what you written to them in those 2 letters and what they replied to you..??

I had written that they have to pay my salary for month November and December 7 days plus one month additional salary for without giving any reason they told me to discontinue the job.
For that they written that i am not a labour. They are paying me professional fees. On 7th Dec i refused to assignment so that free me from my duties which was wrong. They employed me as a professional but i have not sign any contract.