Seeking help in recovering terminal dues from my previous employer
anirban bhattacharjee
(Querist) 24 September 2015
This query is : Resolved
Dear Labour Law Experts,
I want to know the provision & procedure under Shop & Commercial Establishment act to proceed legally under labour law of India against my previous employer.
I would like to brief about my case as below:-
I have worked for this company from June, 2014 to July, 2015 as Manager-Sales posted at at Kolkata and I was operating from my residence. I resigned from this company on 6th July,2015 due to differences in opinion during a meeting held at Gurgaon on 5th July,2015 and expressed my desire to serve a notice period of one month through mail. But instead of accepting my resignation, I was provided a letter on 6th July, 2015 itself stating that I have been terminated from the company w.e.f that day itself on the ground of "Summary Dismissal" alleging that I had earlier submitted forged, manipulated & fabricated fooding, lodging & travel bills and they refused to pay my legitimate terminal dues like leave encashment, notice pay, pending travel reimbursement and incentives etc. I have denied all the charges and sent a legal demand notice to my employer through a lawyer failing to receive the dues after repetitive follow-up & requests. After receiving the notice, they have replied through their lawyer and admitted to pay one third of the claim amount but denied to pay balance amount saying that since I was terminated under summary dismissal so I am not eligible for the balance amount and the above amount will be paid only after I handover some demo instruments. I have sent a rejoinder notice through which I have denied all the charges citing various incidents during employment and documentary evidence having not accepted any clause of this kind and also denied of having any demo instruments in my possession .But, they replied sticking to the above matter and threatened to proceed with a criminal case and pressurized me to withdraw my legal notices.
Company has only one registered office in India at Gurgaon,Haryana. I was posted at Kolkata and was operating from my residence. Salaries were being credited to my Kolkata Bank account.
I have following information about this company to share:-
• My Employer was Indian subsidiary of an US based MNC.
• Company has reported losses with Income Tax Dept. for FY 2013-14 & FY 2014-15.
• They do not give PF, Gratuity, Medical Reimbursement & LTA benefit to its employees rather offers salary as a consolidated amount.
• Company has around 10 employees in India and Sales Turnover is around 2 Cr.
My lawyer in Kolkata has asked me to consult a labour law specialist as according to him now I am left with two options; one, Money Suit which is time taking and involves cost and Secondly, could be Wind-up petition though it is not a recovery suit but I can recover the money which has been admitted by my employer since balance amount is disputed. But, he told that there is a provision under Shop & Commercial Establishment Act where there is no difference between Workman & Manager and since I did not exercise any power to grant leave, to initiate disciplinary proceedings and to make temporary appointments etc., I can be treated under non-manager category. He also told me that I can also claim for the salary loss with interest after termination ,till the time I am unemployed.
Requesting for your valuable advice on the various steps & proceedure under this act and plz let me know whether I can proceed from Kolkata or I have to consult a labour expert in Gurgaon seeing the jurisdiction.
Can anybody give an idea on legal service charges for filing a case with labour court or recommend a labour law expert in Gurgaon.
Regards,
Ani.
R.K Nanda
(Expert) 24 September 2015
query too long.
anirban bhattacharjee
(Querist) 24 September 2015
Sir,thanks for your response.I have given a brief of my case history which is bit long so I am summarizing my queries as below:.
I would like to know under Shop & Commercial Establishment Act under non-manager category,can I proceed to recover my terminal dues through labour court?I did not exercise any power to grant leave, to initiate disciplinary proceedings and to make temporary appointments etc. with my previous employer though I was designated as Manager. Can I also claim for the salary loss with interest after termination ,till the time I am unemployed? Can proceed from Kolkata or I have to consult a labour expert in Gurgaon seeing the jurisdiction of my previous employer?
Advocate. Arunagiri
(Expert) 24 September 2015
As your a manager-Sales, you can make a complaint to the Labour Consciliation officer of your district, for recovery of your terminal dues.
Guest
(Expert) 24 September 2015
Dear Mr.Arunagiri In regard to False Compliances filed with BSE by the BSE Listed Companies apart from SEBI to whom else the Complaints could be Filed Please.
Advocate. Arunagiri
(Expert) 24 September 2015
LCI Admin
Mr.NJS Rajkumar is using this platform to abuse the experts. This has to be dealt with immediately.
anirban bhattacharjee
(Querist) 24 September 2015
Mr.Arunagiri,
Could you plz let me know whether I can file complaint to the Labour Conciliation officer of my district means where I reside/posted i.e. Kolkata,W.B or under the jurisdiction of labour court where the registered office of my employer is situated means Gurgaon,Haryana?
Advocate. Arunagiri
(Expert) 24 September 2015
Jurisdiction shall be your place of work.
Example:
Your registered office is at Gurgaon, your place of posting as Sales Manager is at Kolkatta, you can file your complaint in Kolkatta.
Your place of residence is not considered for this purpose.
Rajendra K Goyal
(Expert) 24 September 2015
Fully agree with the expert Advocate. Arunagiri.
Kumar Doab
(Expert) 24 September 2015
Refer your PM, too.
You have rightly been advised by the lawyer consulted by you. You may check the possibilities and merits of filing a criminal complaint u/s 406,420............also. The trade Unions leaders e.g. CITU/INTUC/AITUC/BMS etc can also advise you.................and support thru Kolkota office and Gurgaon office of the union.
The Inspector appointed under: Payment of Wages Act can also be approached if your wages (as per def. of wages in the Act) were upto Rs.18000/pm.
Your counsels may opine that designation given to you is glorified, and you may be covered by the def. of 'Workman' is in ID Act as well.
