Micky 20 May 2016
Kumar Doab (FIN) 20 May 2016
You have posted that:
"In response to it the office wrote that I was already offered the salary and notice period amount upon signing the resignation letter. Now since I have denied, the office will pay me my salary for march 2016 and give me my relieving letter. "
Demand of resignation is offence and can also be termed 'Deemed Termination'!
There is a mention of notice pay in lieu of resignation/notice period in email!
The email should become a ground for complaint u/s 406,420......
In case of termination the employer should tender notice pay in lieu of notice period.
Is there a mention of notice period/notice pay in lieu of notice period in appointment letter?
Mere mention by employer that Admin Officer can't approach Labor Court, does not bring you out of ambit of Labor Laws.
If you are coverd by the def. of 'Workman' as in ID Act, 'Employee' as in Gujarat Shops & Estbs Act, then you can approach O/o Labor Commissioner, Chief Inspector......
What was your salary/month?
Consult an able counsel specialzing in Labor-service matters.
Micky 20 May 2016
Dear Mr. Kumar,
Thank you for the response. In favour of asking for resignation, I have a complete mobile phone conversation recording had with the official.
There is no mention of notice pay in lieu of resignation/notice period in the Appointment Letter.
If you are coverd by the def. of 'Workman' as in ID Act, 'Employee' as in Gujarat Shops & Estbs Act, then you can approach O/o Labor Commissioner, Chief Inspector......My salary/month per month as mentioned in the Appointment letter paid to me was 40,000/- per month, which may as per my knowledge, may not fall under the powers of Labour Court. Can you please advice me in this respect?
Further, I have given a written complaint to the jurisdiction police station seeking measures under sec 406, 420, 114. Against this the police officer noted my statement and removed the complaint, stating that the matter is of recovery of money and I may approach the court for the same. They did not even called the respondents for recording their statements.
Can you also guide in this respect?
Ritesh Maity (Labour Law Advocate) 20 May 2016
As per decisions of the court, the main criteria to fall under the category of workman is the nature of work and not the amount of salary/ wages.
Micky 20 May 2016
Kumar Doab (FIN) 20 May 2016
Consult an able counsel specialzing in labor-service matters and your counsel can opine if you are coverd by the def. of 'Workman' as in ID Act, 'Employee' as in Gujarat Shops & Estbs Act, then you can approach O/o Labor Commissioner, Chief Inspector......
Even if you are not covered by the def. of 'Workman' as per your counsel you might still be covered you might be covered as 'Employee' as in Gujarat Shops & Estbs Act, then you can approach O/o Inspector/ Chief Inspector, appointed under the Act......
Did you obtain acknowledgment of complaint from police station with diary number?
If they are declinig send complaint by email and attach the written complaint you took to police station.
Even if youe wages are Rs.40000/PM still the break up may entitle you to be covered by the def. of 'wages ' as in Payment of Wages Act and this Act does not discriminate between 'Workman' and 'Non Workman'.....
You can approach civil courts as well....
Micky 25 September 2018