On my first complaint to Central labour Commissioner against the ex employer for not releasing the salary and final settlement, the Labour Commissioner directed the RLC to recover under ID Act 1947 and asked me to file the case at RLC. On my second complaint to same CLC, I was asked to file ALC delhi only. On my subsequent complaint to ALC Delhi , they in turn sent notice to the management of the Company. The management has filed its reply stating that a petition for winding up the company is pending before Hon’ble High Court of Delhi. The Hon’ble High Court has already deputed official liquidator. However the management has not produced the records hence prosecution against the management has been filed before Metropolitan Magistrate, Patiala House, New Delhi. The complainant has informed vide letter dated 12/ 05/ 2015, advising him to file claim regarding non-payment of wages before Authority under Delhi Shops & Establishment Act, 1954, Office of The Dy. Labour Commissioner, Room No 116-123, A-Wing, 1st Floor, Pushpa Bhawan, Pushp Vihar, New Delhi-62.
My doubts are as follows:-
1) Where do I file claim?. Before the LC at Push Vihar or Patiala Court?
2) What should have prevented the commissioner to issue notice for appearance to the said management?
3) Is the Labour Commissioner empowered/supposed to issue recovery certificate under Industrial Disputes Act 1947 ('ID Act') or for prosecution of the management to be initiated?
4) Is he suppose to depute Labour Inspector to inspect the premises of the said management and submit the report?
5) On the basis of the complaint why no action is/was taken by the department concerned other than merely acting like a post office?
please reply with detailed information to enable me to take up the case.
