Form 16 not issued

You have to pay the tax yourself. You can claim the TDS only if you have got the TDS certificate on Form 16 or the same is shown in the Form 26 AS. But your ex employer has not deposited the TDS so it will not show in the Form 26AS. As per Income Tax ACt you cannot take any action. You can make a complaint with the concerned Income Tax Office where the company is assessee, in general that such company is not depositing the TDS in time with the department. THere may be a chance that some action could be taken against the co. Or you caqn take any legal action against the co.

But you have to deposit the Tax on your own till the same is not reflected in 26 AS