9871103011
Private Consultant On Labour Laws
Riteshmaity
Labour Law Advocate
+4 Others

Hi All, My company did not paid my salary since last 3 months. I have all written documents & I want to file a case in labour court against the management. Please tell me the procedure.
Dear Amit,
To enable us to provide proper reply, you should have furnish following inputs:-
1. The type of company and no.of employees deployed.
2. Your designation, functions and salary drawn.
3. Reasons for non-payment of salary.
However, If you are employed in factory and in an Industrial or other establishhments specified in sub-clauses (a) to (g) of clause (ii) of Section 2 and you are drawing wages not exceeding Rs.18,000/- per month, you can file a claim with the authorities appointed under the Payment of Wages Act, 1936.
BS Kalsi,
Member since August, 2011
Dear Mr. Kalsi, In case any employee does not fall in the category of 18k & factory then whom he/she will approach in similar situations?
Dear Nikhil,
In reference to your query, I am of the opinion that in case an employee does not fall in the category of 18k & Factory Act, then you can take the following steps to recover the unpaid wages:
• Prepare your claim
• Write to your employer about your claim & keep a record of such letters
• File your claim with the local court
• Present your case in court.
BS Kalsi
Member since August, 2011
Disputes between employer & employees are guided by the industrial Disputes Act. Refer to definition of employee under the act & check whether your role fits in the definition. If answer is yes, approach Govt Labour Officer with papers and seek his advice. If he fails in bringing about conciliation between you & employer, s/he will submit 'failure report' and the matter will be referred to labour court.
Dear Shrikant ji,
I am not in agreement with your views as the industrial disputes and individual disputes are quite different in nature and they are to be dealt separately under the Industrial Disputes Act,1947.
Thus, an individual dispute to fall within the definition of industrial dispute, it must be sponsored by the Trade Union of the workmen or if there is no trade union, it must be sponsored by the majority of the workmen. Without such espousal, the dispute cannot be treated as an industrial dispute and therefore cannot be referred to Labour Court.
However, individual workman can raise a dispute DIRECTLY before a Labour Court or Industrial Tribunal for the adjudication under Section 2A of the Act, if it pertains to his dismissal, discharge, retrenchment or otherwise termination of his services, where no such espousal is required and such an individual dispute is treated as Industrial dispute.
BS Kalsi,
Member since August, 2011
Dear friend,
As a private employee you can file your case in labour court. If you are government servant, you should approach concerned tribunal.
There is a provision that party in person (with out advocate ) can file a case in labour court, for which you should approach scrutiny officer of the labour court under which jurisdiction your organisation falls under. Scrutiny officer is the one who verify the file as to it's correctness and compliance and if found complied then it will be placed before the court . My point here is if you approach him he will tell you what are the requirements for filing. Thereafter while first hearing the Honorable judge may ask you whether you can argue on your own or to appoint a lawyer on behalf of you at free of cost which is called as free legal aid made available to poor litigants.
Samrat Gunti
X Court Manager,
High Court of Judicature at Hyderabad.
Depending on the nature of your employment, your company, strength of employee, you can file the case under the following courts:
1. labour court u/s 33C(2) of I.D. Act
2. Court under Payment of Wages
3. Referee under Shops & Establishment Act.
However, it is advisable to first give a notice to the management demanding the outstanding salary before proceeding to any forum/ court.
You have to decide whether you want wages for 3 months or want to file case in court! Why file a case when there is possible remedy under conciliation proceedings?
You find office address & name of Govt Labour Officer having your office under his jurisdiction. You may consider writing last letter with timeline mentioning that failing this you will file complaint with GLO Mr. / Ms. XYZ. On receiving conciliation notice of GLO itself the employer may pay off wages.
If this does not work, meet the GLO & seek his guidance about writing complaint & attachments, if any, with it.
If the employer does not agree the GLO will forward failure report and s/he will recommend the govt to file case in labour court. Such case will be stronger for you. And who knows, during conciliation proceedings the employer may pay the wages. Going to labour court is not required. Complaints for non-payment & Conciliation proceedings for them are dealt with great speed.
Kalsi,
Pasting definition of industrial dispute from URL: https://mahakamgar.maharashtra.gov.i...s-act-1947.pdf
Check the definition of 'industrial dispute' under the IDA anywhere. It is as follows.
If intervention of union of majority is required, the managements will play.
(k) “industrial dispute” means any dispute or difference between
employers and employers, or between employers and workmen,
or between workmen and workmen, which is connected with the
employment or non-employment or the terms of employment or
with the conditions of labour, of any person.
the non-payment of wages is connected with employment. can be established by RTGS made, wage slip, appt letter et al.
Please be careful while you post something, especially while refuting. Some may think what is posted is fact & may land in problem.
Shrikant Prabhudesai
Dear Shrikant Ji,
I have my right to be disagree on certain points which is based on my own knowledge and experience. There is nothing to get angry. I hope, you will agree with me that this is a forum where we learn or amend ourself.I have never claim that I am expert and always right.
I am grateful to you for amending me but the your language of emphasising your point and the way of adressing me was not in order.
BS Kalsi
Member since August, 2011
You have right to disagree but that has to come with law points which what this forum is for.
Kalsi,
Legal language may sound curt but I have used word please, hence there is no need to feel otherwise.
Your first para of the post emphatically distinguished between individual & industrial dispute which was incorrect. And to support your incorrect claim you mentioned incorrectly that majority of employees or union support will be required to establish as individual's dispute as 'industrial dispute'??
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