To File A Case In Labour Court - CiteHR
Dinesh Divekar
Business Mentor, Consultant And Trainer
Nathrao
Insolvency N Gst Professional
Manishverma1984
Assistant Store Manger
+1 Other

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Dear Sir/Madam,
I have been working with a company which provides services to TATA MOTORS LTD. in its DTC LOW FLOOR BUS OPERATION for last 05 years. Few days before I denied to perform my duty at the workplace because the salary was not credited till 15th of the month and I was facing a lot of problems due to this. In lieu of this I was penalized for 07 days "NO DUTY" from the company. Now it has been 02 days over after my "NO DUTY" period is finished but still I have not been allowed to resume my duties. Now I want to know the followings:
1) Can any company permitted to mark "NO DUTY" to its employee ??
2) Can it be possible to file a case against the company for this ??
3) Can the monitory loss I have penalized, be reversible ??
Please guide me on this as I am in a big problem this time.
Regards,
Manish Verma

Dear Manish,

If the salary was not credited till 15th of the month then that time itself you could have approached this forum and sought the advice. Now the matter is at advanced stage. Not that situation is irreversible but then by refusing to do the duties, you have put credibility at stake.

What is your designation? How many persons report to you? We need this information to find out whether provisions of Industrial Dispute Act, 1947 are applicable to you or not.

What is your total length of service? Was disbursement of your monthly wages put on hold or there were others also? Did you try to give collective representation to the HR? If yes, what was their view? Did you try to give collective representation to the MD of the company?

Before filing case in labour court, you may approach the Labour Officer of your area. Give him complete facts of the case in sequence. Find out whether he is of any help to you. Nevertheless, before approaching LO also, wait for opinions of other senior members of this forum.

Thanks,

Dinesh Divekar


Sir,
I am working as as Assistant Store Manager[/B] in the company since 20th July'2010. I have a separate section with 08 people working under me but as the company has distinctively workplaces with a strength of almost 40 people working in store department, so I look after them also. Till 15th of the month salary were credited to the manpower (almost 50%) under wages of Rs15000/- only out of 1200 peoples & the salary of rest of the strength were not given. I denied to work as I had some monitory issues with me. I spoke to my Superiors about this but they were unable to give any satisfactory response. Even the HR DEPTT. keep misleading the employees all the time. So I took such a step. Now suggest me what to do ??
Regards,
Manish Verma

Dear Manish,
At this stage, you can seek appointment with MD. Explain your problem and find out whether he reinstates your services. As such you have not been issued with formal notice for termination. If MD does not show any clemency then your only option is to file suit for non-payment of wages and prohibition from attending your duties.
Thanks,
Dinesh Divekar

What is your pay scale?
I feel you may not be covered under ID act due to be mainly employed in managerial capacity.(other learned experts may please comment on this aspect)
Probably the company had/has difficulty with its cash flow and delay in salary has taken place.
You are facing problems how do you expect the to bear the expenditure on litigation.
Your grounds for litigation is not too strong in my mind.
Many employees did not get salary in time.
How did those employees react?
Were they also penalised?
I would go to the management and try to sort out the matter amicably by polite discussion and explanation of personal problems.

If your salary is above Rs 10000/-pm then you are not a workmen and so you are not entitled for relief from labour court.You are holding a supervisory post in your Co.
Varghese Mathew
Labour Law Consultant
04712542059

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