I have worked in a company at Gurgaon from 21st July 2014 and resigned on 04th August 2016. Salary for July and August 2014 on time. September 2014 salary was paid on 24th November 2015 and October 2014 salary was paid very late on 2nd July 2015. My Salary per month was Rs 41667/=. After that Salary stopped. I was not paid salary from November 2014 till July 2016. I finally resigned on 04th August 2016. I have yet not been relieved even after so many reminders. I initiated action at the office of Assistant Labour Commissioner, Gurgaon. After reconciliation failed I filed my claim before Assistant Labour Commissioner u/s 15 of payment of wages act. The organization 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 in not maintanable. Meanwhile in the middle ALC got transferred and I am waiting for the new person to join.
My Question is:
1. Does Section 1(6) anywhere prohibits my claim ?
2. Can you provide any judgement 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 to get job elsewhere, so the salary whenever given has to be calculated as off current date. Am I right in claiming it. Any law or judgement supporting it?
4. What options are before me? Please Help. Situation is critical in the absence of job for me. 22nd June 2017 From India, Siuri