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Mukesh Gupta (Engineer)     04 October 2013

Need to file a complaint in labour court

I was working in an IT company which fired 90% of its employees without paying them the salary of  the days they worked and the notice period pay and the earned leaves. 

They said they don't have the money to pay the employees while they continue paying the retained employees.

This company has been taken over by another company and now they have again started their operations with the retained employees.

I want to lodge a compliant against the director of the company.

Please suggest me how to proceed.

 



Learning

 2 Replies

revribhav (Hindi)     09 October 2014

The significant legal points are:-

Whether the IT company has a legal right to fire its employee(s)

The appointment order issued to employee

The letter of firing/removal/termination issued to employee.

 

The relevant act is called Industrial Disputes Act

please google decisions under the act.

Kumar Doab (FIN)     13 October 2014

IT/ITeS companies are covered by ( name of the state) Shops and Commercial Establishments Act.

 

>>> You can approach thru Employee’s unions/Trade Unions too even if your designation was Manager…………………like CITU/INTUC/AITUC/BMS……………………….

 

https://www.itecentre.co.in/

https://ithiworld.wikispaces.com/News+Update
IT/BPO Voice of India | Facebook

UNITES Professionals

www.unitespro.org

www.itpfindia.org/


https://itnitesunion.wordpress.com/author/itnitesunion/


Shiv Mahiti Ani Tantradyan Sena(Shiv IT SENA)
mankar.janardan@gmail.com

________________________________________
https://www.shivsena.org

https://www.facebook.com/ShivITSena/info

https://www.amrc.org.hk/node/1088 CBPOP

https://www.freepatentsonline.com/article/Indian-Journal-Industrial-Relations/185430721.html

https://bpo.knowledgehills.com/Directory/BPO-Jobs/CBPOP-Centre-for-BPO-Professionals.aspx

https://labour.kar.nic.in/labour/trade-unions-list.htm

https://labour.kar.nic.in/labour/default.asp

https://www.dnaindia.com/mumbai/report-shiv-sena-forms-first-union-in-information-technology-sector-1465435

 

>>> It shall be better if all affected employees unite hands and stand as a witness to each other and jointly approach an able Labor Law Consultant/Service matters lawyer.

Your lawyer may opine that you can approach;

Inspector Under Payment of Wages Act: if your wages were upto Rs.18000/pm as per def. of wages in the Act, within 1year……………….

Inspector Under (Name of your state) Shops and Commercial Establishments Act

O/o Labor Commissioner

Civil Courts

File for:

 Complaint u/s406,420……………………..

 

winding up petition…………….


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