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prachijpatel@gmail.com
Dear Sir,
I was working with Private Limited Company as General Manager. The company has not paid my salary as well as gratuity.
Do I entitled to approach Labour court to claim my UNPAID SALARY.
I Approach to Labour Commissioner and they replied to approach NAMDAR COURT for recovery.
Kindly advise,
Thanks and regards,

From India, Mumbai
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Riteshmaity
Labour Law Advocate
Prachijpatel@gmail.com
General Manager
+1 Other

riteshmaity
243

You cannot approach labour court if you are not a workman. Your designation "general manager" is immaterial but the nature of duty is essential to find out if you actually fall within the definition of workman under the Industrial Disputes Act. If you do not fall under the category of workman, then you cannot claim outstanding wages/ salary from Labour Court.
For gratuity, you have to approach the controlling authority under the Payment of Gratuity Act irrespective of your nature of duties. In some states, I think labour court are also vested with powers to conduct the role of controlling authority. Please verify the same for your state.
You have to file two separate cases for gratuity and salary.

From India, Kolkata
hr@pradeepmetals.com
3

You can very well approach to Dy.Director Industrial Safety & Health of your area. Even Managing Director of a company can approach then why not you.
From India, Mumbai
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