Stuck Without Pay for 20 Months: How Can I Legally Fight Back Against My Employer?

Hi, I have worked in an organization where they have not paid us for 20-odd months. They used to take loans from banks and use them for personal benefits. They are known defaulters in the banking industry. We were looking for jobs, but no one was willing to hire us due to the company's reputation. They have not reported us as employees to the IT office either. They deducted our taxes for three months from April 2014 and did not submit them for two years. Additionally, they have not submitted our PF contributions, which they deducted in 2014.

Seeking Legal Advice and Filing Complaints

Can anyone please advise me on the relevant acts of the Income Tax authorities under which I can file a case, as they are offering just 5 months' salary for settlement? They have informed the PF authorities that all employees resigned abruptly in September 2014. I have my appointment letter, relieving letter (signed by the director), and other emails on my personal email address regarding office work, along with screenshots of WhatsApp conversations. I am considering suing them in the High Court and filing complaints with the IT and government offices.

Can anyone please provide information on the different offices where I can file complaints?

Filing a Case Against the Employer for Non-Payment of Salary and PF Contributions

Given the serious nature of the situation you are facing, it is crucial to take appropriate legal actions to address the non-payment of your salary and PF contributions. Here are the steps you can consider taking:

1. Consult with Legal Counsel: Seek advice from a legal professional specializing in labor laws to understand your rights and options under Indian labor regulations.

2. File a Complaint with the Labor Department: Contact the labor department in Gurgaon, India, to report the non-payment of salaries and PF contributions. They can assist you in initiating formal proceedings against the employer.

3. Register a Complaint with the Income Tax Department: Lodge a complaint with the Income Tax Department regarding the non-reporting and non-submission of deducted taxes. Provide all relevant documents to support your claim.

4. Approach the Employees' Provident Fund Organization (EPFO): Submit a formal complaint to the EPFO regarding the non-submission of your PF contributions. Include copies of your appointment letter, relieving letter, and any other evidence you have.

5. High Court Filing: If negotiations with the employer are unsuccessful, consider filing a case in the High Court to seek legal remedies for the unpaid salary and PF contributions. Your legal counsel can guide you through the process.

6. Document Preparation: Ensure you have all necessary documentation, including your employment records, salary slips, communication with the employer, and any other relevant evidence to strengthen your case.

7. Seek Support from Trade Unions: If applicable, reach out to trade unions or employee associations for support and guidance in dealing with such labor disputes.

8. Maintain Communication Records: Keep a record of all communications with the employer, government offices, and legal representatives to track the progress of your case.

Remember, it is important to act promptly and decisively in such situations to protect your rights as an employee. Legal recourse is available to address non-payment issues, and by following the appropriate steps, you can seek resolution and justice in this matter.