Labour Law & Hr Consultant
Management Consultancy
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Can a manager or sr.manager is eligible to make a complaint against their employer in labour court for not paying their salaries and told them to not to come from tomorrow without any notice.
Workmen under ID Act only can prefer a claim before the Labour Court. Managers and Sr.Managers can only approach civil court to prefer their claim.
Dear Vijay, As far as i think with above detail, you need to approach firstly ADF, LEO, DDF in this case, hope they will will assist you. Further more you can approach court.
Though the designation may be manager or sr. manager but if one is not performing any managerial, supervisory or administrative work, then he can be 'Workman' under the ID Act 1947 and can pursue a remedy before the Labour Court against arbitrary termination, otherwise you may have to seek relief of compensation under CPC read with Specific Relief Act.
One can not directly go to Labour Court or Industrial tribunal. The complanit to be filed before the licencing authority from which employer obtained the licence. The authority would start the conciliation process to reach a settlement on receipt of comlaint from the employee. Incase the conciliation fails, the conciliation officer would send a report to Government for reference & needful action. If government feels there is ground would recommend the case to Labour Court or to Tribunal as the case may be. Whether a person is workmen or supervisory nature has to be decided by the authority.
Dear Mr. Sandeep Sharma, Please let me know how to proceed as I have also faced the same thing. The employer has been delaying for more than 2 months and has not paid the full & final.
Dear Vijay,
The Industrial Disputes Act,1947 concerns mainly with industrial disputes relating to employment, non-employment or conditions of employment of any person falling within the definition of the term "workman " as defined u/s 2(s) of the Act. Labor Court is one among the adjudicative machinery constituted under the same Act for the purpose of resolution of industrial disputes. Therefore, any grievance brought before the Labor Court for redressal should be necessarily one that of either the workmen or involving workmen only. That's why the Labor Court is clothed with the powers of execution u/s 33 C(2) of the Act. Since the persons mentioned in your post are certainly and predominantly employees of managerial cadre, they can not seek any remedy under the provisions of the ID Act,1947. Instead, non-payment of salary for the already worked period and summary refusal to provide employment forth with without due notice are breach of the contract of employment by the employer and as such they can only approach the Civil Court for damages accordingly.

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