Industrial Dispute Act 1947 - Sales Manager

Dear Sir
I have worked in an Insurance Broking MNC Company. I have worked for 4 months in that company. My salary was fixed at 20800/- but i get only 7500/- during my tenure. I then approach Assistant labour commissioner and labour inspector and company is stating that u cannot approach them as u are not falling under industrial dispute act as your salary is in excess of 6500/- and ur designation is Sales manager. They are threatening and harrassing me. Please advice where I can go for redressal of my grievance.
Regards
Aseem Sharma

Dear Sir
I have worked in an Insurance Broking MNC Company. I have worked for 4 months in that company. My salary was fixed at 20800/- but i get only 7500/- during my tenure. I then approach Assistant labour commissioner and labour inspector and company is stating that u cannot approach them as u are not falling under industrial dispute act as your salary is in excess of 6500/- and ur designation is Sales manager. They are threatening and harrassing me. Please advice where I can go for redressal of my grievance.
Regards
Aseem Sharma

Dear Sir
I have worked in an Insurance Broking MNC Company. I have worked for 4 months in that company. My salary was fixed at 20800/- but i get only 7500/- during my tenure. I then approach Assistant labour commissioner and labour inspector and company is stating that u cannot approach them as u are not falling under industrial dispute act as your salary is in excess of 6500/- and ur designation is Sales manager. They are threatening and harrassing me. Please advice where I can go for redressal of my grievance.
Regards
Aseem Sharma

Hi
Your company is right in saying that you being in Managerial cedar do not fall under industrial dispute act, but you in the subject matter get the salary slips ready with you, and the appointment letter, where in they have stated your salary as 20800, and paying in actual as 7500.00, this could be proof for you to proceed legally against your employer in CIVIL COURT.
First issue them a legal notice through some of the lawyer and if no action is taken by your employer, lodge a appeal at civil court stating the facts and submitting your salary slips and your appointment letter.
This would take long time for getting the judgement, but the judgement would on your side, and you can get the back balance Salary along with interest and your court expenses.
Mohan Rao
Manager HR

Dear Sir
Thanks a lot for reply. I just want to convey that i have first approach Labour Inspector and then he forwarded the case to Assistant Labour Commissioner, and I file a complaint against my employer under wages act in Asssitant Labour Commissioner office. According to your advice I cannot approach them as I am not in managerial capacity. Please advice weather at this moment as my complaint is under consideration with Assistant Labour Commissioner. If verdict does not come in favour of me. Can I proceed labour court or files civil suit. Please clarify If i go for civil suit and my previously files complaint in Assistant Labour commissioner can give my employer edge in civil court proceedings or not.
regards
Aseem Sharma

Hi

You have filed a case with the Asst. Labour Commissioner office, it is good, Verdict always will be on behalf of employees for any labour courts and even from labour dept. but the thing is now a days all the employers through cash, for getting decision in their favor, being an employee you can not spend amount as much as an employer do.

Filing a civil case is always better, here departments do not involve, If you are not in managerial carder even then the employer is paying you Rs.20800.00 as per your appointment letter, he designs your post as a manager or a supervisor, this carder employees do not fall under Industrial dispute act, hence the labour department can not intervene in such cases normally.

Even then you have filed a case with labour department, please take an acknowledgement for such department as a proof to be submitted along with your suit filing with civil courts.

You must have with you the wage slips as well the appointment letter, when the wage differ it is illegal from the side of employer. You will surely win the case in civil courts. Best of luck.

Mohan Rao
Manager HR