Labour Law & Hr Consultant
Gm (it)

I was working with a Limited company located at Azadpur, New Delhi as GM (IT) since 2006. Last month chairman of the company called me in his cabin & forced me to resign without any reason & threaten me that he will file fake cases & Police complaints against me on the basis of false allegations & will destroy my image in the market if I refuse to resign. Chairman wants to frame corruption charges on me which are clearly gibberish & fake. Therefore keeping in view of the instructions of Chairman I didnít have any choice except to submit my resignation instead of being humiliated at the work place where I gave my best as an honest & loyal employee.

I have worked for 10 years & 6 months & during the tenure of my service I got three promotions. Recently I have been promoted to GM (IT) in the month of April'16 & Chairman took only one minute to force me to resign immediately despite of being worked with full devotion & commitments without any illegal demand or pressure in my complete tenure of service. I was standing with company when company was passing through a crucial phase (Father & Sonís dispute/split).

I have already handed over the charge ( List of Passwords & they are questioning the authenticity of password & they must have changed all the passwords since Nov'2016) whereas company's work has not been hampered & running smoothly. Now they are not at all interested in my full & final settlement.

Will you please let me know how can I file case against the company ?

Labour Court or Labour Tribunal ? or both are same ??

Your early action into the matter will be highly appreciated.


Sanjay Saxena

From India, Delhi
You can not seek any remedy through any of the Labour Laws for the out standing dues under any head other than the gratuity for 11 years of your service under the same employer by filing a claim under the Payment of Gratuity Act,1972.
For other dues,if any like unpaid salary, cash equivalent of EL at your credit, you have to institute a civil suit.

From India, Salem
I have worked for credit society for almost 27 years ,and most of the time as sole staff (only staff). recent management committee harresed me by not giving salary hike, reversing my bonus indirectly forced me to resign . I resigned giving 3 months notice, am about to complete my notice period.
What retirement benefits am I eligible for?
I approached the management for gratuity as I have put 27 years of service.
I am told by management committee that gratuity is applicable only if institution has 10 staff and since i was the only I am not eligible for gratuity.
if yes, then, how can I claim?
also I have 2 years leave outstanding. I could not avail leave as I was the only staff working for the society

From India, Mumbai
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