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Siddhi Agarwal (Owner)     21 February 2011

Cheating employer

Dear Experts, Where do I lodge my complaint for non payment of my salary by the cheating employer under section 33 C (2)in the a) labour Court or 2) Small cause Court ?  I am told that only salary earners below Rs.10000/- pm may approach Labour Commissioner and my salary was Rs. 45000/- pm and dues to be recovered Rs.70000/- . Also I am worried it will take years for the verdict and I may not live till then? How long it takes to get the verdict? Can I do it without the help of a lawyer?



Learning

 5 Replies

Adv. G. A. Gagdani (ADVOCATE AND LEGAL CONSULTANT)     22 February 2011

well it will be better for you to file a case at labour commissioner first.

then to file it in the labour court.

- well the most important thing is to decide is you are employee or in the cadre of mangement working in the establishment.

that decides whether you shall file a case in labour court or in civil court i.e. court of smal causes.

well if require more explanation revert accordingly.

Regards

Siddhi Agarwal (Owner)     22 February 2011

Dear Mr. Gagdani, I was in staff cadre of the company and the post was DGM-Purchase. In fact the cos.'s management is cheat and don't pay vendors under false pretexts. I had to give up the assignment due to non payment of salary dues as I had stopped getting credit to them from vendors as I did not want to cheat vendors who would give credit due to trust they place in you. Pl. advice. 

Adv. G. A. Gagdani (ADVOCATE AND LEGAL CONSULTANT)     22 February 2011

well in that case you shall file a complaint before labour commissioner

Kirti Kar Tripathi (lawyer)     23 February 2011

WHAT IS YOUR DESIGNATION AND NATURE OF JOB. IF YOUR NATURE OF JOB FALLS WITHIN THE AMBIT OF DEFINITION OF "WORKMAN" AS DEFINED IN INDUSTRIAL DISPUTE ACT, YOU CAN FILE APPLICATION UNDER SECTION 33-C(2) OF THE ACT. AMOUNT OF SALARY IS NOT A SOLE CRITERA TO DECIDE THE STATUS OF AN EMPLOYEE AS WORKMAN. IT IS NATURE OF JOB, WHICH BRING HIM WITHIN THE SCOPE OOF WORKMAN. IF YOU THINK THAT YOU ARE OUT OF THE SCOPE OF WORKMAN, YOU CAN FILE CIVIL SUIT FOR RECOVERY OF MONEY AGANST YOUR EMPLOYER. 

Siddhi Agarwal (Owner)     23 February 2011

Dear Mr. Tripathi, Thanks for your time.

I was in staff cadre and was working as DGM-Purchase. The co. is in contracting field. Civil suit will take very long and cost will not allow me to go for due to finance constraints. Regards, 


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