Umakanthan53
Labour Law & Hr Consultant
Gannahope
Deputy Commissioner Of Labour..a.p.
Srinath Sai Ram
Hr Manager
+2 Others

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Dear All,
Please guide me whether employees in managerial positions such as Sr.Manager/ DGM etc. approach labour courts for violation of salary payments?? we have not been paid our salaries for last 3 months as according to the management company is going through financial crunch and it may go bankrupt or insolvent. In such a case we all will be loosing our gratuity also.
Kindly suggest and guide the options available with employees like us.
Thanks
Nitin Kandya

From India, Farrukhnagar
No. Since managers and people employed in managerial capacity and even supervisors drawing a monthly salary of above Rs.1600-00 do not fall within the ambit of the definition of the term " workman " u/s 2(s) of the Industrial Disputes Act,1947 and the Labour Courts and Industrial Tribunals are authorities constituted under the Act for adjudicating industrial disputes, they can not approach such authorities for breach of any service conditions on the part of their employers. The only course of remedy available is filing Civil Suits for damages.
From India, Salem
Dear Mr Nitin Kandya for Non Payment of Salary/pending Salary, approach concerned Labour Department.The question of Payment of Gratuity arises only after leaving Service.For Non payment of Gratuity approach, Controlling Authority i.e Assistant Labour Commissioner
From India, New Delhi
Thanks for your kind reply Mr.Umakanth Sir and Mr. Srinath Sai Ram Ji,
Civil suits for our pending salaryies and payment of gratuity will eat up hell lot of time of ours we all know that. its really very strange that there is not a single authority where a mid management ceder employee can approach for intimidate relief. For comapnies its really easy now to go bankrupt and get away of all the responsibilities. I am really doomed thinking about loosing a huge hard earned amount which i eventually earned over a period of time during my employment.

From India, Farrukhnagar
Mr.Umakanthan The salary limit under ID Act is Rs 10000/pm for supervisor to become workmen.And for claim under Payment of wages Act is Rs 18000/pm.
From India, Thiruvananthapuram
Thank you Mr.Varghese for your prompt correction - unfortunately old memories too die hard!
From India, Salem
ya Sir
Undoubtedly can aapproach the district level labour officer of your area.... Though there are laws laid on salary oriented limitations... There is simple logic of natural justice. The very first thing that that is you are also a monthly salary
paid EMPLOyEe of a company basically... Not paying salary to employee is an offence by his employer.. So put a letter of your grievance to the labour dept asking for favor. Usually they will conduct a joint meeting with you and your employer and settle the issue amicably.. Usually there is no bar to conduct a joint meeting on any issue with the employer and and an employee. ID act is also mentioned to settle any issue even among Employers also. So pls go ahead. if that effort fails you can approach a local first class magistrate court asking for payment of wages
All the Best sir pls.

From India, Nellore
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