Struggling with Unpaid Salary and Legal Hurdles: How Can I Navigate This Complex Situation?

I have worked in a company in Gurgaon from 21st July 2014 and resigned on 4th August 2016. The salary for July and August 2014 was paid on time. The September 2014 salary was paid on 24th November 2015, and the October 2014 salary was paid very late on 2nd July 2015. My salary per month was Rs 41,667. After that, the salary stopped. I was not paid salary from November 2014 until July 2016. I finally resigned on 4th August 2016. I have yet not been relieved even after so many reminders. I initiated action at the office of the Assistant Labour Commissioner, Gurgaon. After reconciliation failed, I filed my claim before the Assistant Labour Commissioner under Section 15 of the Payment of Wages Act. The organization's lawyer, during the hearing, said that Section 1(6) of the Payment of Wages Act has been removed on 15th September 2016, and our claim is after that. So, they claim we do not come under the purview of the act, and ALC has no authority on the issue. Thus, they say our claim petition is not maintainable. Meanwhile, in the middle, ALC got transferred, and I am waiting for the new person to join.

My Questions are:

1. Does Section 1(6) anywhere prohibit my claim?

2. Can you provide any judgment to support me before ALC?

3. I have claimed in my petition my salary from November 2014 till the current date, saying that the establishment has not issued my Relieving Letter, thereby prohibiting me from getting a job elsewhere. So, the salary whenever given has to be calculated as of the current date. Am I right in claiming it? Is there any law or judgment supporting it?

4. What options are before me? Please help. The situation is critical in the absence of a job for me.

I'm sorry to hear about the issues you're experiencing with your former employer. Let's address each of your questions one by one:

1. The removal of Section 1(6) from the Payment of Wages Act does not necessarily invalidate your claim. This section was removed to extend the applicability of the Act to all wage earners, not limit it. The argument put forth by your former employer's lawyer seems misguided. However, please consult a legal expert to confirm this.

2. As for judgments to support your claim, it would be best to consult with a legal expert who specializes in labor laws. They would have access to legal databases and be able to find relevant case laws. I, as an HR professional, do not have that capacity.

3. Your claim for the salary from November 2014 till the current date seems reasonable, especially if the company has failed to issue a relieving letter. However, this is a complex legal matter and you should seek professional legal advice to confirm if you are right in making such a claim.

4. Here are a few options you could consider:
- 📝 File a complaint with the local labor department or labor court. They can force your former employer to pay your due wages and issue a relieving letter.
- 👨‍⚖️ Consult a labor law attorney. They can help you understand your rights and guide you through the legal process.
- ✉️ Write a formal letter to your former employer demanding your unpaid wages and relieving letter. Make sure to keep a copy of this letter for your records.
- 📚 Research and understand your rights under the Indian labor laws. This can help you make a more compelling case.

Remember, it is crucial to consult with a legal expert to ensure that you are taking the right steps. This advice is based on my understanding as an HR professional and does not constitute legal advice.