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Sanjay1941984@gmail.com
State Statistical Officer Of West Bengal
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Actually My Ex-employer is not giving following things 1. last month salry 2. Form16 3. PF amount Can anyone send me the procedure to file a case in labor court Thanks, Mahesh
29th August 2012 From India
Dear mahesh, Deal with yours city labor law office and meet with labor law officer which guide you the whole procedure,after that you file your case. Regards dev
29th August 2012 From India, Ludhiana
Dear Mr. Mahesh,
If the employer has not paid your salary for more than 2 months then he is entiltled to get relief under the Payment of wages Act, 1936. You can file a claim at before the labour comissioner for non/delayed payments in all the three cases above (as specified by you). You have to claim to ensue case before the juridiction in the area where the employer locates.
29th August 2012 From India, Visakhapatnam
Dear Mahesh,
First confirm whether you fall within the defination of "workman" as given in Industrial Disputes Act,1948.
Your querry does not specify your designation nor your salary,these two factors
count while deciding whether you are a "workman" or otherwise.
Do not approach Labour Court directly,first file a complaint in Labour office,which will help/guide you.
Best Luck.
30th August 2012 From India, Pune
I am working in private limited company last 7.8 years. But now the company has terminated to me without any notice or reason, and the company has denying to pay my gratuity/bonus/salary.
Could you please help us to what should I take the action against my employer.
8th November 2015
I am working in PVT company and it's a car showroom and I am working as relationship manager but my basic job role is to sale Maruti premium car(Maruti NEXA). My GM hold my last month salary and told me don't come office but still he is not terminated me or I am resigned. Company provide me a apple tab which still I am not submitted also. I am told my HR that he release my salary after that I am submitted my belongings. Last month I am performe also.
12th May 2016 From India, Mumbai
Sir, i am working in M/S Tarapore & Co., from last seven years to till present date. But i am getting the wages less than the minimum wages dicided by the govt of Jharkhand. i am working here for 10 Hrs per day and getting only Rs. 7300/month basic wages, Remember that i am working here as a computer operator inside Tata Steel (Works) under the compny M/S Tarapore & Co., inspite of many times after my request to the management but nothing will be done by the management . Please suggest or if possible please forwarded my request to Labour department in Delhi Central because all Labour dept & PF Commissioner Mr Abhishekh also our co. Tarapore is providing lot of facility to the PF dept.
Kindly do this urgently and ensure me that my service is not effected by informing to you this fact.
26th May 2016 From India, Jamshedpur
From the facts stated by you, it seems you are a contractor employee (Tarapore & Co) and you are deployed at Tata Steel. If you are getting less than the prescribed rate of minimum wages applicable in your state then you have to write to your contractor including principal employer. If the wage is not increased and arrears/ dues are not paid you can lodge a complaint before the Labour Department intimating the violation of minimum wages notification (there is minimum wages inspector too).
Regarding working hours, check the shops and establishment act. In West Bengal it is maximum 48 hours in a week. You can also lodge a compliant against this. You are also entitled to overtime if you have worked for more than the prescribed hours of work.
There is no need to file any complaint at Delhi since your jurisdiction falls within the state of Jharkhand.
Check my blog at www.labourlawhub.com
26th May 2016 From India, Kolkata
Dear Sir,
I was working as a Branch Account officer in Kanpur from 27.02.2012 . In February 2016 I was resigning from my post but due to director lots of call to me and assurance to hike in salary I cancelled my resigned . But In July 1st company transferred me in Firozabad. But I told him . This is not possible to move in Firozabad . and after 15 to 20 days company send me terminate mail . What I do now . No Transfer language written in my appointment letter . and because of I did not completed 5 full years . THey deny for and gratuity or and Salary after my working day. Now I am feeling like fool. Now Sir tell me what I will do against my company.
Thanks & Regards
Sudip Nigam
Mob. 9721077755
11th August 2016 From India, Kanpur
Transfer is a condition of service and you cannot deny it as long as such clause is mentioned in your letter of appointment. In your case it is not and as such transfer shall be deemed to have been a bad transfer.
Please demand in writing before your company for reinstatement. If they deny, you have to raise the dispute before the Labour Commissioner and thereafter you can file a case before the Labour Court.
12th August 2016 From India, Kolkata
Dear sir,
I was worked with ms.Simon shipping p ltd from 30th Nov to 31st Aug as a sales manager as a c grade employee , I left this co. Because of harassment and they forced to sit late night up to 9'o cclock and their morning time is 9.45 if I got late a single minute time they are deducting my half day salary . Finally I decide to quit this job then I got a call from the director ms.sheena this will not happend again after her commitment I continue with my job but unfortunately she cheated me again doing harrasment and they are not ready to give my last month salary (August month) also I requested them to give my releaving letter and my providing fund . Unfortunately no one is ready to give a respones to me . I send several mails to them but no response . Please advice me how I can get my salary , p f and my relwaving letter
28th September 2016 From India, Mumbai
Hi I'm Raghu and I'm working for PRIVATE LIMITED as a sales manager karnataka for LED TV division .I joined the company on 11/07/2016 and on 28/9/2016 Company has shifted to Mobile business through mail confirmation. On 25/10/2016 has sent me termination mail saying that the LED business has been shut down and they don't need my services anymore and given me a time till 31/10/2014.I requested them to give me one month time are 1 month salary as composition. But company has disagreed and now they are telling to send resignation mail to HR. One monthback company has shifted me to Mobile division and termination is saying that I'm have got removed from LED division.
Request you to kindly suggest can I file a complaint in labour commission.
Pls suggest as there is no openings anywhere.
5th November 2016 From India, Bengaluru
Almost all the posts in this thread relate to illegal termination of employment of supervisory and managerial cadre employees and indicative of the callous attitude of certain employers in the matter of dispensing with the services of either such unwanted or redundant employees because of their limited and time-consuming legal redressal.

If the victims belong to the category of workman as defined u/s 2(s) of the Industrial Disputes Act,1947, they have got a relatively speedier and efficacious remedy against such illegal termination u/s 2-A of the Act by approaching the Conciliation machinery first and then the Labour Courts.

When they escape the ambit of the above definition because of the predominant nature of their employment, except in the case of their being persons employed in Shops and Establishments, only Civil remedy is available to them. No doubt that it is a long-drawn battle;the Civil Court can declare the orders of termination is violative of the contract of employment and hence illegal and direct the employer to pay damages and nothing more. It requires, of course, necessary wherewithal, firm resolve and a lot of patience.
8th November 2016 From India, Salem
#Anonymous
Dear Sir/ Ma'am,
My first company has not released my FNF amount which includes my 1.5 months salary, reimbursement amount and 10 PL en-cash.Its been more than 1.5 years, I am following than on regular bases but getting are dates with no result.
Kindly suggest how to file a case against employer for not paying FNF (company location - Ghazibad)
Regards
Nidhi Sharma.
12th January 2017 From India, Noida
Surely you can file a case. If you are a 'workman' then you have more options. But before that details of your nature of job, tenure of service, type of company with strength of employees, details of outstanding salary including reimbursement etc. are required to be considered.
12th January 2017 From India, Kolkata
Hi gyz. I was working in an office called sai associates. And i havent got my salary for 3 months . If i ask for salary he is scolding me... how can i file a case against him.... please help me.. im not a rich at all.... please help
13th March 2017 From India, Coimbatore
Demand the salary in writing and send it through registered with A/d post. Withholding salary is illegal and attracts penalty and interest.
14th March 2017 From India, Kolkata
Respected Sir,

I am Working to the Spiritual Organization, Organization name is State Baha'i Council of West Bengal. My name is Sanjay Mandal, S/O - Late Gajal Mandal, I would like to draw your kind attention in the following facts for your kind consideration and justice. On 6th August 2016 I was invited during the meeting of State Baha'i council of West Bengal and suddenly informed me that council made a policy for me, on which basis my service will be completed on 31st March 2017 as per the decision of the council for one year policy. If the council finds the necessity they may extend another one year up to 31st March 2018.

In this connection I am giving some information for your kind cooperation:-

During 1st week of March 2006 Secretary of the council offered me to served for the Statistical work and as per my positive consent an interview was in presence of all council members and immediately one member of council told that if you work properly you may served for ever otherwise you will terminate after three months.

I am writing truly that it was a verbal consultation and I joined immediately on 10th March 2006 after taken relieve from a company where I worked before. From that day I passed 11 years valuable times in my life.

I am working with sincerely devotion and dedication till date after assigning me the responsibility as a State Statistical Officer. I worked sincerely with my able capacity.

When I heard from the council about the policy from that day I spent sleepless night with anxiety days and absent mind which is disturbing my mind to serve in proper way. That how I shall maintained my family member?

If this policy is known to me from very beginning, then I shall try to settle or manage myself. But after 11 years honorable council is conveying this policy, which is also a cause of depression for me.

In this situation my humble request to you to protect this needy family.

After conveying decision of council on contractual basis of one year, which cause me fall in great depression. At this age after spending 11 years which is quite impossible for me to search a Job in this competition age in West Bengal. In this situation after end of contract it would be uncertain for me to engage another job at this age. Then I shall be in deep trouble and uncertain future.

Hence, in this situation I personally pray to you to consider my request to continue my service without any contractual basis of one year new policy. Where in I shall be grateful to you, I think to you will make considerable justice for my family which will be great help for me. There is no question to disobey any decision has been taken by the you.



I hope you will consider my pray.

With loving greetings

Sanjay Mandal
11th April 2017 From India, Kolkata
#Anonymous
Respected Sir,

I am working on a Spiritual Organization, Organization name is State Baha'i Council of West Bengal. My name is Sanjay Mandal, S/O - Late Gajal Mandal, I would like to draw your kind attention in the following facts for your kind consideration and justice. On 6th August 2016 I was invited during the meeting of State Baha'i council of West Bengal and suddenly informed me that council made a policy for me, on which basis my service will be completed on 31st March 2017 as per the decision of the council for one year policy. If the council finds the necessity they may extend another one year up to 31st March 2018.

In this connection I am giving some information for your kind cooperation:-

During 1st week of March 2006 Secretary of the council offered me to served for the Statistical work and as per my positive consent an interview was in presence of all council members and immediately one member of council told that if you work properly you may served for ever otherwise you will terminate after three months.

I am writing truly that it was a verbal consultation and I joined immediately on 10th March 2006 after taken relieve from a company where I worked before. From that day I passed 11 years valuable times in my life.

I am working with sincerely devotion and dedication till date after assigning me the responsibility as a State Statistical Officer. I worked sincerely with my able capacity.

When I heard from the council about the policy from that day I spent sleepless night with anxiety days and absent mind which is disturbing my mind to serve in proper way. That how I shall maintained my family member?

If this policy is known to me from very beginning, then I shall try to settle or manage myself. But after 11 years honorable council is conveying this policy, which is also a cause of depression for me.

In this situation my humble request to you to protect this needy family.

After conveying decision of council on contractual basis of one year, which cause me fall in great depression. At this age after spending 11 years which is quite impossible for me to search a Job in this competition age in West Bengal. In this situation after end of contract it would be uncertain for me to engage another job at this age. Then I shall be in deep trouble and uncertain future.

Hence, in this situation I personally pray to you to consider my request to continue my service without any contractual basis of one year new policy. Where in I shall be grateful to you, I think to you will make considerable justice for my family which will be great help for me. There is no question to disobey any decision has been taken by the you.



I hope you will consider my pray.

With loving greetings

Sanjay Mandal
11th April 2017 From India, Kolkata
What is your exact query? Please provide factual details of incident and be short and to the point with your query.
12th April 2017 From India, Kolkata
Dear sirs,
I am terminated by our employer without any warning letter & assigned non performance. I vave worked thare as a HR Manager for more than 4 month. He hold my last month payment. Can I Lodge a complaint to labour court please suggest & guide me how to recover my legal dues.
Thanks.
Xx
29th September 2017 From India, Delhi
Since your designation is HR manager, I assume that by your nature of duties you will not fall within the scope and ambit of 'workman' under the ID Act, hence you cannot approach the labour court/ industrial tribunal.
1st October 2017 From India, Kolkata
i have resign from my previous company and after a month they send me a notice that i have to pay thrice of my salary which is around 1 Lac and my resignation is accepted by employer still they are sending me notice and for money.
i have signed affidavit with my company and in T&C has a para which we have to survive three month notice period but they didn't mention notice period in my resign and they accepted the same. i have handover my I-Card and all accessories.
Now my concern is i want to get rid of all this situation now i am working in a MNC and i dont want to loose my job at all..
17th April 2018 From India, Babarpur
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