Non-payment Of 5 Months Salary Since Jan'14 And F&F Settlement Even After 2.5 Months From Resignnation Date I.e. May'14

Hi,

Last year I joined a S/w company for its branch office in other state which is HQ in Bangalore and had ~190 employees, 1 month after joining a trouble of delayed salary started (with verbal assurance that company was expecting fund), which started with partial payment then a delay started from 15 days, to 1 month, 2 month, 3 month, 4 month, 5 months....being it unbearable I resigned. The company has not given me F&F settlement details after regular follow up with HR and top management, for payment they say that fund is not there when fund comes they'll clear, now neither they are responding to my call/email nor giving any time line. They have not given Form-16 for last financial year and reimbursement money to anyone even after regular request, ~60% of its employees have resigned.

It is more than 2.5 months from my date of resignation and I am still searching for a suitable job. I am in deep trouble Please suggest how to get my F&F dues and Form 16 from this company.

Thanx n regards.

Just to add, my proper handing over and relieving was done and I received relieving and experience letter also, my CTC was INR 6.6 Lac. I stay in NCR.

Dear Ask,
There is no use hanging round the company which does not have sufficient fund to pay the salary to its staff.
You have already got the relieving letter, better shift elsewhere. In case you feel about your unpaid dues please continue correspondence with them per speed post etc to establish your point of view once you take up with them under the Payment of Wages Act.
Regards
S.K.Johri

Dear Mr. Johri,
Thanks, I feel Payment of Wages Act does not cover employee above a certain salary amount ( probably salary limit is below 16,000/month)
Regards.

Dear ASk,
Yeah, then better leave the issue. As other alternative is civil proceedings which are pretty expensive and time taking.
Regards
S.K.Johri

Dear Mr. Johri,
It is difficult to leave because the hard earned money(5 months salary)is not small, also they have not given Form-16 and paid for reimbursement expenses.
There must be some way out like writing/email to Labour Commissioner initially....before looking for civil proceedings.
Regards,

OK MISTER,
APPROACH NEAR BY DEPUTY COMMISSIONER OF LABOUR OF THE LABOUR DEPRTMENT OF STATE GOVERNMENT, IRRESPECTIVE OF YOUR SALARY LIMIT YOU CAN FILE A COMPLAINT AGAINST THE SO CALLED COMPANY WITH FULL COMMUNICATIVE ADDRESS AND APT PERSONS NAME TO CALL FOR JOINT MEETING TO SOLVE YOUR PROBLEM.
AT LAST I SUGGEST YOU PLZ REMIND YOU CAN APPROACH THE COURT OF LAW i.e.PUBLIC COURT AND FILE A CASE AGAINST THE CORRUPTED EMPLOYER.
PLZ ALL PRIVATE EMPLOYEES SHOULD KNOW PAYMENT OF SALARY IS A RESPONSIBILITY OF THE EMPLOYER AND RECEIVING SALARY FOR THE WORKED PERIOD IS A RIGHT GIVEN BY THE CONSTITUTION OF INDIA. THERE WAS NO SALARY LIMIT OK. ISSUE ONE LAWYER NOTICE AND FILE A CASE BEFORE THE COMPANYS JURISDICTION COURT UNDER MINIMUM WAGES ACT 1948.

You may feel it is your hard earned money.
but its not coming to you
its lost and over and there is nothing you can do about it.
A company that has not paid salary for 5 months, and lost 60% of employees, its business is over.
Even if you were to file a case, you are not going to get the money.
So forget about it and find a company worth working for.

Thanks Mr. Banerjee,
How to get Form-16/TDS for FY 2013-14 & 2014-15 to file IT Return ? PF money ? (I heard they have not yet deposited both)
Secondly I heard that this company got closed on paper 1-2 months back ,a new company got created with different name and some employees got relieving letter from old company and joining letter from new company both on back date.
Is it possible for any company to close without clearing it's liabilities ?
Best Regards.

First you need to take a print out of all the mail which you send to the company & their feedback too... All these documents support you in the time of submission of evidence. Before go for legally you can send a final mail to the company that should include all the details like , your resignation date, till now you didn't get the salary for 5 last months, they just ignored your previous inquiries too....finally u must to add.... "I regret to inform you that I'm moving legally against the current scenario with labor office.
Hope you will get an immediate result from the side of the company. Good Luck
Is this is a start-up Company ???