Josy T 13 August 2016

Employer not present for meeting called by Labour Commissi

Dear Respected, I have approached the labour commissioner for my full&final dues amounting to around 1.3 lacs.I have served the entire notice period and have also recieved a clean relieving letter.But its been 4 months now that I,am still awaiting my dues.I have tried approaching my management through Whats App, messages,mails and have been stopped entering the office gates as well.When I complained about my bad experience on mail to them keeping the Labour ministry in cc, the management has reverted saying my allegations are baseless and they will file a defamation case against me.And I need to apologise to them on mail and collect the dues cheque from their office.Also, the management and me,were called by a letter by Labour Commissioner,but the management have not come. Kindly suggest how do I take things ahead..Also,if the management is not paying heed to the labour commissioner letter, then what is the next course of action to be taken. And if this case goes to labour court, then do I need to pay for the entire proceedings or the labour team will fight for me. Regards..

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17 Replies

Kumar Doab (FIN) 13 August 2016

NO fee in Concilliation Proceedings.

Lodge compalint under Payment of Wages Act, Shops & Estbs Act ( if Covered).................O/o Labor Commissiner can guide you.

Labor Commissiner may later club all complaints...................

If your communication is not false, you don't have to apologise.

Prefer to engage a very able Labor Law Consultant/Service matters lawyer.

You cana lso approach employee's/trade unions.

The unions may embrace you.

Kumar Doab (FIN) 13 August 2016

If concilliation fails the ALC shall make th reference to labor Court.

Josy T 13 August 2016

Thanks, but once the reference is given to labor court, who fights for me..Is it the government appointed advocate or i need to hire private advocates on my own?

Kumar Doab (FIN) 13 August 2016

You can appear in person as Party in Person ( If and only if you are well versed with subject matter and can handle) and submit application to prohibit employer from appearing thru lawyer. Even in such case employer shall have legal back up.

You can appear thru Trade Unions and leader can reprsent you.

Reprsentation thru a very able counsel specializing in Labor/service matters should be preferred.

Rest is upto you.

Ritesh Maity (Labour Law Advocate) 15 August 2016

Depending on the exact nature of full and final settlement you can recover the same through appropriate authorities. Full & final settlement which may include salary, incentive, bonus, PF, gratuity etc. can not be recovered from a single forum as there are different forum for that. So unless and until the details of F&F is here, it is difficult to advice much. Please note that if you file the claim in the wrong forum, the company will intentionally remain silent knowing fully well that the said forum has no power to award such dues. So select a lawyer and file the claim in a proper forum, if not done earlier.

Since you have already complained before the labour commissioner, it is immaterial whether the company appears or not but make sure that the notice has been duly served upon the company by the labour commissioner (use unoffical way to confirm the same from the labour office). If the dispute is not settled, it will be sent to the court for adjudication.

Please note that you are not required to pay any charges to the Government/ Court for filing this case/ complaint. However, if you decide to hire a lawyer, then definitely you have to.

Josy T 15 August 2016

Thanks Ritesh,

F&F is for my pending salary of 2 months.( 1.1 Lacs )

Which forum will it be applicable.

Regards.

Kumar Doab (FIN) 15 August 2016

If you are covered by the def. of 'Workman' as in ID Act,'Employee' as in Shops & Estbs Act you can approach;

ALC/Tribunal (state/central) as applicable in your case.

Inspector appointed under Shops & Estbs.

And Inspector appointed under Payment of Wages Act (if your wages are within def. of wages as in the Act. This Act does not discriminate between 'Workman' and 'Non 'Workman'.)

It has already been suggested that 'Prefer to engage a very able Labor Law Consultant/Service matters lawyer.'

Your able counsel may opine to file complaint u/s406,420, winding up petition, civil suit for damages, recovery etc...................depending upon your coverage by various enactments.

Your employer has already indicated that it is not inclined to pay and then is contemplating to sue you.

Prefer to engage a very able Labor Law Consultant/Service matters lawyer.

Ritesh Maity (Labour Law Advocate) 15 August 2016

Well advised by Mr. Kumar Doab hereinabove. I have nothing more to add here.

Josy T 15 August 2016

Thanks both Sirs

Kumar Doab (FIN) 16 August 2016

You are welcome.

Wish you the best.

Kumar Doab (FIN) 16 August 2016

Thanks Mr. Ritesh.

In forums like one; LCI, it is always nice to have good hearted and well mannerred companions/experts around.

The discussion while such companions are around, can be enriching.

Josy T 18 August 2016

Dear Respected Lawyers, Can someone please enlighten on the Acts that come under the jurisdiction of Labour Court/Commissioner? Also, If I was given a glorified post of a manager, but did not have a direct team under me, except one team player, who was based out of some other location other than my base location..That individuals, only attendance used to come under me in my mails and I have never seen or met that team player, then can I fight my case in Labour court.Also, I have not hired or terminated anyone, nor did I have any powers.But in my base location city, I did not have a team and my employer used to make me all clerical and low scale work. Kindly suggest. Regards.