Dinesh Divekar
Business Mentor, Consultant And Trainer
Consultant In Legal Matters
Freelance Recruiter
+2 Others

Hi Seniors anybody can guide me that for hr executive position, in which court we can file a case against an employer.
12th January 2015 From India, Delhi
Dear Kavita,
You need to give your post elaborately. Why you wish to file suit against your employer? How filing suit is related to the designation in HR? Above all I find there is mismatch between heading of your post and the body. The heading says that you wanted to file suit against lawyer and in the body, you have mentioned about employer. Therefore, fix this mismatch first.
Dinesh Divekar
12th January 2015 From India, Bangalore
Hi Dinesh Sir

Thanks for responding me. sorry for the typo error. Actually i was working with an organisation as a hr executive since august 2012 and i resigned from my services in the mid of December 2014 even i was serving one month notice period but in between my notice period my immediate boss (junior director of the company) scolds me and force me to give my replacement to them as already lined up the maximum candidates for my replacement (even i am not bounded to give any kind of replacement but i was doing my work honestly) but my immediate boss is not ready to take the interview and starts misbehaving with me and told me to left the office immediately even not take any handover from my side. after this incident i informed to my senior director. after our mails conversation. i asked him to clear my dues and salary amicably but they are not responding me to clear my dues and salary on mail. then i sent them a legal notice through my lawyer on his letter head, according to that legal letter my employer are supposed to give me a response in 15 days which is over today but i still not get any response from their side. now i need a legal guidance for further process to take my documents and salary from my previous employer
12th January 2015 From India, Delhi
What are the grievances your lawyer has projected in his notice, pl specify.
12th January 2015 From India, New Delhi
Dear Kavita,
If you have served lawyer's notice to your past employer and if there is no response from the employer then your lawyer is the best person to guide you. Now no more options are left except filing a suit against the employer. Let the court issue the summons. Wait for them to make their next move.
Dinesh Divekar
12th January 2015 From India, Bangalore
Never foreclose the options. You may not know when one is saved from falling in a ditch because of ill advise of anyone.
12th January 2015 From India, New Delhi
Dear Kavita,
Your problem seems to be associated with your unpaid dues and your full and final. You need to approach the labour commissioner of your area and file a complaint against your employer for it. The compitent authority to decide this matter is local labour commissioner. Please approach him with an application detailing everything and i am sure that you will get a resolution.
Best of luck
14th January 2015 From India, New Delhi
With due respect, I do not think that a person of HR executive position is performing clerical or supervised duties to bring him/her in the post of a workman. If it be so the labor commissioner will show hands off from exercising jurisdiction as the aggrieved will be out of purview of ID Act. That is why the above said details were sought in previous note.
14th January 2015 From India, New Delhi
dear, after issuing legal notice from the lawyer if the ex-employer not respond to your notice you have to file petition in the Labour commissioner under workmen act.
14th January 2015 From India, Hyderabad
Workmen compensation Act, 1923 or any other workmen Act is not applicable to the present case, pl.
14th January 2015 From India, New Delhi
Hi All
Thanks for your responses and guide me. now the situation is totally changed. as my lawyer ask me to talk my previous employer for amicably settlement, and i did the same. on the bases of my telecom conversation my previous employer called me and said let sit and talk about it so please come to office and discuss the same but when i reached there his PA said that the director of the company is busy and she was ask me to sign a letter and after that she will give my documents and salary later on. I did'nt signed on that letter as the language of that letter was totally wrongful and against me, which is mention below:-
i am immature and wrongly send them a notice as i was absconding from my services and i dont want to continue with this organisation due to of my some family issues and all the full and final settlement is done).
now please guide me for the same.
Kavita Kathuria
15th January 2015 From India, Delhi
Firstly quote the grievances stated in the legal notice sent by your lawyer. What does your lawyer advice you now. Thereafter I will be able to tell you whether a fresh notice need be given.
15th January 2015 From India, New Delhi
Hi Kavita,i understan your problem of non payment falls within purview of Payment of Wages Act and competent authority under the act is Dy. Labour Commissioner or Asstt. Labour Commissioner of the area where office of your company is located. You may approach his office,take a prescribed format to file complaint and file there your claim. Nominal court fees is also payable.
All the best.
16th January 2015 From India, Calcutta
Wages averaging less than rs.6500 per month are only protected under Payment of wages Act under section 1(6). Is she covered under the Act
16th January 2015 From India, New Delhi
Mr.Sushil. the Act has amended wef Sept 2012 and wages covered are Rs.18000. pm.However you have rightly pointed out the issue of wage limit.If Her wages are more than Rs,18000.00,then she can evoke S.33 of ID Act as she,as i understand,is not in real administrative/authority job.
17th January 2015 From India, Calcutta
Thanks for correcting with the updated information. However, under the Payment of Wages Act, she could be covered only if was working in a factory or notification was issued under section 2(h) to cover shops and establishments like in West Bengal. Remedy under Section 33C(2) of ID Act may entail her into long drawn litigation on the issue whether she was a workman. Thus resort to Shops and establishment Act will be speedier in getting her dues.
18th January 2015 From India, New Delhi
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