Employer denied to pay dues

Dear Sunder Aggarwal,

If the company admits that they owe you, then your interests are secured vide Sec.53 of the Insolvency and Bankruptcy Code, 2016.  But if the company states that they don’t owe you anything, then it is advisable that you approach your jurisdictional Labour Commissioner and make a petition before him praying for recovery of your arrears in salary.

Dear Pankaj Verma,

Yes, Labour Commissioner is a judicial authority. If necessary, he may refer the matter to the Hon'ble Industrial Court.

Dear Pankaj Verma,

If you're a workman, you'll be governed by the Industrial Disputes Act, 1947. In such case, you are required to approach the Labour Commissioner. He may either refer your dispute to the Labour Court or pass orders. If you're not satisfied with his orders, then you yourself may challenge the same before the Labour Court. If you're not a workman, then you'll be relying upon your Employment Agreement and thus, you'll be governed by the Indian Contract Act, 1882. In such case, you may directly approach a Civil Court. You cannot approach a Magistrate for Labour/Employment issues.