From examining all the facts of your query I want to say that-
These cases are very common in various Courts of India and Supreme Court of India. I can understand your concern in this regard. I & my junior Advocates have dealt with various such cases in Supreme Court and most of the High Courts of India. Legal options are always available for you. Filing a case against your employer is not easy as he is likely to have better resources. However, this does not mean one should back off. There are several laws which protects the rights of the employees.
You can lodge a complaint to the Ministry of Labour & Employment. This would be a effective and inexpensive remedy.
You can also lodge a police complaint in the nearest police station of your area. Complaint can also be lodged online or by dialing the emergency numbers during Covid-19 pandemic. Police is bound to register the case against the employer under various provisions of the Indian Penal Code (IPC).
Article 21 of Constitution of India states that no person shall be deprived of his life or personal liberty except according to a procedure established by law.
In Maneka Gandhi v. Union of India, the Supreme Court gave a new dimension to Art. 21 and held that the right to live is not merely a physical right but includes within its ambit the right to live with human dignity. Elaborating the same view, the Court in Francis Coralie v. Union Territory of Delhi, observed that the right to live includes the right to live with human dignity and all that goes along with it, viz., the bare necessities of life such as adequate nutrition, clothing and shelter over the head and facilities for reading writing and expressing oneself in diverse forms, freely moving about and mixing and mingling with fellow human beings and must include the right to basic necessities the basic necessities of life and also the right to carry on functions and activities as constitute the bare minimum expression of human self.
Another way is to send a legal notice through Advocate to comply with the norms and also demand compensation for mental and physical agony. A legal notice is, therefore, a formal communication to a person or an entity, informing the other party of your intention to undertake legal proceedings against them. This notice, when sent, conveys your intention before the legal proceedings and thus, makes the party aware of your grievance. Many times, a legal notice served will bring the other party on heels, and the problem can get resolved out of court too, with fruitful discussions on both sides. And, if the other party is still not heeding to the grievance, one can always start the court proceedings after a particular interval, as stated by the law. Although a legal notice can serve as a purpose of negotiations between the parties and save time, effort and money that are usually spent in court cases.
You can take both civil and criminal legal action together. Civil action will be initiated by sending a legal notice and criminal action will be initiated by filing a police complaint. Both the cases will create pressure on the employer. In case of Syed Askari Hadi Ali Augustine Imam v. State (Delhi Admn.), (2009), the Supreme Court has held that indisputably, in a given case, a civil proceeding as also a criminal proceeding may proceed simultaneously.
You may contact my secretary to connect with me for clarification.
Advocate on Record & Amicus Curiae,
Supreme Court of India