Umakanthan53
Labour Law & Hr Consultant
Saswatabanerjee
Partner - Risk Management
Josy Menazes
Sales Manager

Dear Respected,

I have worked in the company for 6 months and have resigned in probation by serving the entire notice period and have obtained a clean relieving letter.

I have approached the labour commissioner for my full&final dues(Only Salary )amounting to around 1.3 lacs.But its been 4 months now that I,am still awaiting my dues.I have tried approaching my management through Whats App, messages,mails and have been stopped entering the office gates as well.When I complained about my bad experience on mail to them keeping the Labour ministry in cc, the management has reverted saying my allegations are baseless and they will file a defamation case against me.And I need to apologise to them on mail and collect the dues cheque from their office.Also, the management and me,were called by a letter by Labour Commissioner,but the management have not come. Kindly suggest how do I take things ahead..Also,if the management is not paying heed to the labour commissioner letter, then what is the next course of action to be taken.

Kindly throw some light on the powers of Labour Comissioner. Can he close the case by asking the employer to pay my full&final dues? or do I need to knock the court doors?

Also, as an employee; under which ACT do I fall under Labour Tribunal and under which act;if my salary is more than Rs.10,000/- monthly and I have been given a managerial post; but was made to do all clerical works.I had a team mate under me, who was based out of some other location;and whose only attendance used to come to me.I have not even met him.

Kindly revert, what amount of compensation can I claim from the employer; against mental harassment and agony.

Regards.

From India, New Delhi
,From the quantum of the salary and the the nature of your job mentioned in the post the possible inference is that you were probably not a "workman" to seek relief under the Labour Laws and the benign intervention by the Labour Commissioner in this regard may not bring any solution as the management seems to be adamant. When your resignation was already accepted and you were formally relieved, why the management should insist your personal appearance for collecting the dues? Not necessary. Send a notice to the management through a Lawyer to deposit the amount in your bank A/C forthwith within a particular date and mention that failure to do so will entail legal action for recovery and damages as well.
From India, Salem
I do not understand this.
You worked for a company for 6 months and resigned during probation
You completed notice period but have not been given full and final settlement
You are asking for salary only for the notice period (period not specified, so i assume its 1 month), that amounts to Rs. 1.3 lakhs. So your monthly salary was Rs. 1.3 lakhs ? Your next para says salary is more than Rs. 10,000. How much more and what is the relevance ?
why is the management not paying you ?
if you do not give the full and proper information, the answer you will get would probably be wrong

From India, Mumbai
Thanks a lot Sir..But
1. Do I put my case up in civil court or labour court?
2. Can I ask the management to provide my dues under section 33c of Industrial Disputes Act in Labour court?
3. Can I file a complaint in local Muncipal corporation/Public Works department to cancel the license, for not paying my due salary under Shops and establishment Act, by meeting the respected official?
4. Can I file a criminal suit against the management under section 406 & 420
5. Can I file a wind up petition against the company?
PLEASE REVERT TO THE ABOVE QUESTIONS CATEGORICALLY one by one..
MY HEARTFELT REQUEST, I WILL BE SINCERELY OBLIGED.
Regards..

From India, New Delhi
Dear Menazes,
1) Since you were an employee under the previous employer who is covered by the Delhi Shops and Estt Act,1954, you can make a claim u/s 21 of the Act by yourself or through a registered trade union or advocate or an Inspector under the Act before the Workmen's Compensation Commissioner appointed for the area within a period of one year from the due date. HOWEVER, since I could not locate the schedule of exemption, pl verify whether there is any exemption either of your establishment or of your your cadre.
OR
You can approach the Civil Court for recovery and damages. All other options are ruled out.

From India, Salem
Dear Sir, Is there a possibility for me to appeal for my pending Full & Final (dues) in National Law Company Tribunal ? Regards.
From India, New Delhi
National Law Company Tribunal deals with company law matters and not labour law violations. So, no, you do not have an option of appealing to it.
From India, Mumbai
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