Labour Law & Hr Consultant
Bharat Gera
Principal Hr Consultant
Srinath Sai Ram
Hr Manager

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Dear Sir,
Please Guide...
I was an employee of Tata Motors Ltd. Lucknow through contract since last 6 years posted at Jamshedpur location.
Now they terminated my contract and not giving my Grauity, Form16, Bonus, Leave incash amount as well as last month salary.
So I am going to file a case against Tata Motors Ltd in Jamhsedpur DLC. shall i have to send a letter to TML Jamshedpur Plant Head also.
Please guide on

Dear Ajay,
It is not clear whether you served as (a) a fixed term contract employee under the Tata Motors Ltd., directly OR as (b) a contract labour through any contractor. Your demands include as per your post gratuity, bonus. leave encashment and unpaid salary. If you are particular about reinstatement, you have to raise a dispute u/s 2-A(1) of the ID Act,1947; if not, you have to file separate claims u/s 7 of the Payment of Gratuity Act,1972 before the Controlling Authority for gratuity, if your gross wages/salary per month was Rs.18000/= or less, you have to file a claim u/s 15 of the Payment of Wages Act,1936 for unpaid wages and leave encashment before the Authority ( normally a DLC) and for the unpaid statutory bonus, a claim u/s 21 of the Payment of Bonus Act,1965 with the Govt. In case your position falls under (a), all the above remedies will lie against Tata Motors Ltd., only and in case of (b) they would be against both Tata Motors and the Contractor concerned. My suggestion would be to raise a dispute under the ID Act and get all the claims settled as a single package by way of a settlement before the Conciliation Officer..

Thank You very much Sir for your valuable suggestion...
I am on Pay roll of Tempindia Staffing Services Ltd. Gurgaon, for a six month contract and it is renewal after six months upto 5.5 years...It is a manpower consultancy.
I want to file a case in Jamshedpur DLC..
Shall i have to send notice to Jamshedpur Plant or Lucknow plant because i am an employee of Lucknow TML..

Dear Mr Ajay you have to raise dispute against your Employer.However, you can also make Tata Motors as necessary Party by virtue of they being your principal Employer.Before rushing in raising dispute, ensure that you submit your Claim to your Employer
Dear Friend,
1. First question is do you want the job or dues? At What position you were employed, were you a supervisor or a workmen?
2. If you were a workmen, then you can raise an industrial dispute for job against your employer for wrong full or illegal termination and reinstatement,at the office of ALC?DLC wichever is the case.
3. If you do not want job, you can follow the advice of Mr Umakanthan as above.
Warm Regards
Bharat Gera
HR Consultant

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