File a suit in labour court
Shri Kant Pathak
(Querist) 05 June 2014
This query is : Resolved
Dear Experts,
I was searching work in Mumbai but not having enough money to survive so I joined a security guard agency as watchman. I joined it on 4-03-2014. When I asked for payment, he started prevarication. At the time of joining he said to give 7000/mth for single duty and 12000/mth for double duty but later he said to pay 5000/mth 12hrs and 11000 for 24hrs. I asked him many times but always he said to come on next day and next day, he said to come next day. On 23-05-2014, I again asked for salary but he didn't give and dis-employed me and ask to come on 26-05-2014. I again went to him but he denied to pay and threatened. He said don't show me your face again. Then I went to police station, they told they can't do anything and said to go to the labour court. When I pressured then they registered NC. As you know that 'Security Guard' comes in 'unorganized' employment. I performed 87 duties (day and night). Owner of the company says that I don't have any proof about working in his agency. Yesterday I went to 'Central Government Industrial Tribunal-cum-Labour Court-MUMBAI', an official asked me to go to state label.
Can you please suggest me, what should I do? Can you tell me what is the govt. rate for watchman as per constitution. I want to file a harassment case for compensation also. His company seems illegal and violating human rights. If there is any NGO or any other organisation, working in Unorganized field or Labour Matters and Human Rights please suggest..
Thanks
Shri Kant Pathak
Nadeem Qureshi
(Expert) 05 June 2014
dear querist
send an application to labour commissioner of your area or visit labour commissioner personally, it will be better for you or contact a lawyer
Devajyoti Barman
(Expert) 05 June 2014
yes, first lodge complaint with labour commissioner.
Shri Kant Pathak
(Querist) 05 June 2014
Thank you very much Nadeem sir and Devajyoti sir.
Sankaranarayanan
(Expert) 05 June 2014
yes approach local lawyer and file a complaint before labour court
Kumar Doab
(Expert) 05 June 2014
The security guards are protected. The security guards have formed unions too.
The trade Unions have supported them too…………..e.g;
The Maharashtra Rajya Rashtriya Kamgar Sangh
Chirak Nagar, Thane West, Thane, Maharashtra 400606
And Unions have succeeded too:
http://timesofindia.indiatimes.com/city/mumbai/Court-relief-for-security-guards/articleshow/2943049.cms
The malpractices posted by you are prevalent in your trade.
Willfully making False Entries is an offence.
Did you record the statements of your employer audio/visual?
He might have not paid the PF,ESIC too by concealing.
However he might have collected the payment in cash from company where you were posted.
The company might have posted the expense in its books.
The company might have you posted as Guard in its CCTV records.
Punishment for committing unfair labour practice : Punishment for committing unfair labour practice labour practice will be punishable with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees or with both.
Appropriate govt (State/Central) is well defined in THE INDUSTRIAL DISPUTES (AMENDMENT) ACT, 2010: The definition of term ‘appropriate Government’ has been amplified which will eliminate all ambiguities in the interpretation of the definition of ‘appropriate Government’
You may go thru:
Maharashtra Private Security Guards Act 1981.
Under this law, the Maharashtra Private Security Guard Board was formed for the welfare of the security guards and to ensure that their pay met the prescribed minimum wage. The board also checks the credentials of security agencies and guards employed by them.
The Maharashtra Private Security Guards (Regulation Of Employment And Welfare) Rules, 1981
The Maharashtra Private Security Guards
(Advisory Committee) Rules, 1981)
http://securityguardsboard.in/rules/rules_advisory.asp
You may go thru:
APPLICATION FOR NEW LICENSE/RENEWAL OF LICENSE TO ENGAGE IN THE BUSINESS OF PRIVATE SECURITY AGENCY
http://mumbaipolice.maharashtra.gov.in/downloads/application_form_for_private_security_agency.pdf
and you shall find that the security guard company has to register under various enactments e.g;
11. Registration of the establishment under Bombay Shops and Establishment Act-1948.
Hence you can also approach Inspector under Bombay Shops and Establishment Act that is so employee friendly.
If employer defaults on payment of wages it may default on PF,ESIC,TDS etc………..
Employee can approach:
----Employees Unions : There are employees unions that have done good job.
--- Trade Unions e.g; CITU, AITUC, INTUC ............................
The trade unions are willing to embrace employees and they are very effective too.
--- Inspector under Bombay Shops and Commercial Establishments Act, If it is commercial establishment.
The employer has to maintain and submit requisite forms and registers according to Shops and Commercial Establishments Act. If the employer makes false entries it is offence.
You may go thru; Sec: 2(4,6,7,12,19,22,30), 5, 13,14,15,17,18,25,35,37,38,38-A, 43,48,49,51,52,55,58,60,62,63,66
And also Bombay Shops and Commercial Establishments Rules
--- Inspector under Payment of Wages Act: applicable to all employees drawing wages up to Rs.18000/pm as per def. of wages in the Act.
You may refer to: Payment of Wages Act; Sec13A and 2: 3*[(i), (ia), 3*[(vi), 3, 4 ,5, 13a, 14, 15, 16, 17A, 20………….. and if the Inspector agrees to cover you may immediately submit Form’N’ for recovery of wages.
--- O/o Labor Commissioner:
----RPFC thru nearest PF office
----ESTC Inspector in jurisdictional ESTC office; Applicable to all employees drawing wages (as per def. wages in the Act) up to Rs.15000/pm.
--- ITO; TDS where you file your ITR
--- CIT-TDS (jurisdictional) where company files ITR
----Lawyer/Law firm
---Civil Court
Employees have been contemplating to file criminal complaints u/s 406, 420……………………………and to approach employer as creditors treating unpaid wages as debt on employer e.g;
http://www.lawyersclubindia.com/forum/details.asp?mod_id=72011&offset=1#.UvYBGEeBmXV
The employees have even filed Winding Up petitions and have succeeded.
Shri Kant Pathak
(Querist) 06 June 2014
Thank you so much for describing, Kumar Doab sir. Can you please
suggest me, what should I do if cops is not registering F.I.R. u/s 406, 420. You know all things about cops in India. Please suggest
Shri Kant Pathak
(Querist) 11 June 2014
Kumar Doab Sir,
I just want to know few things. If you clarify, it would be a pleasure to me:
1:
A union told me that you and employer both should be member of Maharashtra security guard board to claim benefits as per board.
I am not a member of security guard board because I am doing this job for short time. I don't know if the company is also registered with security guard board. In this situation, can I claim for the wages as per Maharashtra security guard board??
2:
I want to claim for 50000/- Rs. for harassment. Can I claim on the ground of mental harassment??
3:
How much time labour court will take to resolve the case?? Is there any time limit??
4:
Is it compulsory to present in court personally on every date?? Or my advocate can take care on behalf of me because I am going to start a job as an asst. director in Bollywood.
Sir please guide me.
Thanks
Kumar Doab
(Expert) 11 June 2014
A local lawyer well versed with local state laws can guide you better and further.
A lawyer can be present and you would need to be present at certain times.
Your lawyer can guide you better on time frame in local courts.
Explore options of Payment of Wages Act, Bombay Shops and Commercial Establishments as well from your lawyer.
Even if you are not member of the Board, the trade unions/leaders are very effective in Maharashtra................and know precise ways to handle such matters effectively.
