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Not payment of Salary PF and TDS Not Deposited by the company


02-Jan-2023 (In Labour & Service Law)

We are some ex-employees of a company, who has not paid us salary. The salary due to us is from 2 months to 10 months and the amount is due from more than a year. The company also defaulted in depositing our PF amount (both share) TDS amount, Service Tax amount and Professional Tax amount from last one year to respective authorities for more than 1 year. The companies Registered office is in Mumbai, and HO at Gurgaon, Site at Karnal. Kindly advise what action we can take against co, its directors and the key managerial person.

Answers (2)

Answer #1
707 votes
file a police complaint against the company officials for misappropriation of funds, and criminal breach of trust if you want to take criminal action.
besides the above, file a complaint before the PF commissioner of your area against the non deposit of PF and further a case is to be filed before the Central Administrative Tribunal seeking direction against the employer for payment of money etc.

How are you ex-employees? you all have left the company who defaulted to pay the salary?
Answer #2
793 votes
Depending on the post at which you are you could approach the labor court or the civil court for recovery. Against the company, if registered under the companies Act, you could file a winding up petition. One could also explore filing a criminal complaint against the directors on various counts.

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