Labour Law & Hr Consultant
Legal Analyst, Hrm
+1 Other


Sir, If a company is not paying even after enquiry is over and the dispute is in the courts, is it required to raise a seperate case for non payment of wages in the labour court?
1st November 2016 From India, Kanpur
You can, but i will suggest you to ask your lawyer or if you yourself are representing, then to add this in the plea. As this is in direct nexus to and is a result of you going to labor court.
To exert more pressure, go to labor inspector and ask them to launch an investigation under Shops and Establishment Act, also if your PF or ESI is also not submitted then go to respective enforcement offices and lodge a complaint.

1st November 2016 From India, Kolkata
The post lacks certain vital information without which it would not be possible to offer any suggestion regarding the individual's unpaid wages.Whether the individual is a workman as per the Industrial Disputes Act,1947 and If enquiry was over, whether the individual was placed under suspension pending enquiry and paid subsistence allowance? If the dispute is pending in court, whether any punishment was awarded merging the period of suspension,if any with it and there is any mention in the reference in this regard?
1st November 2016 From India, Salem
The very basic facts & case history is wanting in your question. No purposeful opinion is possible in such an academic type of question.
3rd November 2016 From India, Delhi
Yes, Individual is a 'WORKMAN' as per I.D. Act 1947. After enquiry was over, no sustinence allownce was paid neither before nor after. More over no punishment was awarded after the closure of the enquiry, just informing that why punitive action should not be taken against you for your alledged misconduct of not resuming your duties after transfer.
3rd November 2016 From India, Kanpur
M/s Pharma Company HR,
First of all, you should clarify whether you are affected or you are asking on behalf of a worker or on behalf of the management, as nothing can be construed from your ID, "Pharma Company HR"?
Secondly you have still not stated the status of the case after issue of notice, whether the worker replied the notice or not. If yes, what was the substance of his reply and what action the management proposed to take on that?
Thirdly, whether the worker filed a case in the labour court or not. If filed a case, what is the outcome of that case?
4th November 2016 From India, Delhi
It is a case of co-worker. Worker has claimed in the court that the management does not have any certified standing orders and in absence of the same the worker can not be transferred out of the state without his prior consent as per Rule 13(6) of Industrial dispute act. Management reply is awaited but the question is till date management has not paid a single penny after transfer. Is it justified?
6th November 2016 From India, Kanpur
Mr. Pharma Company HR (who so ever you are),

From your posts, it reveals, wither you are not fully aware of the case history, or are trying to play with the wits of the community members of CiteHR and have posted merely a test question to test the knowledge of the members.

The referred Act do not contain Rules, rather that contains Sections. Further, even if you have referred Rule from the Industrial Rules, there is no such Rule 13(6A) in such Rules. Moreover, Rule 13 relates to Place and time of hearing, not about CSO or the transfer of the workers.

Still further, if you intended to say section of the Act no such section 13(6A) exists in the Industrial Disputes Act. In that case also, Section 13 relates to Duties of Board. So, from where the question of CSO or transfer of workers arises.

However, if there actually exists Rule or Section 13(6A) in the Industrial Disputes Rules or Act of any State, you may please indicate to which state the case relates, so that the Rule or section of that State may be referred for reply.

Besides that, if there is any truth in your story, you may better re-read my questions and provide information according to my questions, item by item, not some different story.

Still further, you may please discuss the background of the case with reply to the following more questions:

1), How and when the worker was transferred from which place to which place?

2) Whether he joined duty or not at the place of transfer? If not since when he is absent?

3) To which inquiry you have referred, whether domestic inquiry or the inquiry by the labour department?

Without proper background of the case you cannot expect any viable solution. Otherwise, you can only expect contradictory replies, based on the guess work of varied nature by the respondent members.

Raw knowledge, if you try to gain on your hazy question can harm your co-worker more than can provide any benefit.
7th November 2016 From India, Delhi
1) The worker was transferred from Kanpur (U.P.) to Chennai (Tamilnadu) in Dec.'14.
2) The worker did not join his duties but raised a C.B. dispute in the labour court which is still in
progress. The management after transfer made domestic enquiry alleging 'Misconduct' for not
obeying the transfer order which also was closed with in 2months without any punishment and
till date no interim relief/ no salary etc. The transfer is against the Model Standing Orders of U.P.
19th May 2018 From India
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