What Can Employees Do If a Company in Delhi Delays Salaries for Too Long?

Dear all, please advise me on what options are available to employees if a private limited company in Delhi does not pay salaries for a long time. Can engineers and managers sue the company in the labor court?

Yes, of course. Collect the proof such as previous salary slips, bank statements, A.O., etc., and approach the Labor Office nearby.

Regards,
SIDMAN

No, managers come under the purview of the labor court. They are not considered workmen as defined in The Industrial Disputes Act, 1947. They have the option to approach the civil court against their employer.

Regards,
Anupam

Dear Anupam,

The definition is correct as given by you. By approaching the local authorities, they will guide you better regarding the proceedings and the methods for moving forward. Simply, you cannot hire an advocate and fight.

When managers are facing problems, how can the people under them be safe? Going to the labor authority will delve deeper and bring benefits to all the workers. That is why you have to approach the local labor body first. This action itself will create fear in the employer, and they will immediately come up with alternatives and solutions.

Regards, SIDMAN

If the managers are not paid a salary or if there has been any ill-treatment against service conditions, they can raise it as a breach of contract in a civil court, although they may not find any recourse in the Labour Court.

Regards,
Madhu.T.K

Dear,

As per the recent amendment to the ID Act, the ceiling has been increased to Rs 10,000/-. The legal distinction between "supervisory" and workmen is a very thin line.

In case you send a legal notice, the Employer may pay up. You can consider that option before venturing into any litigation.

With Regards,

Advocates & Notaries & Legal Consultants for Staffing & Recruiting Industry
E-mail: rajanassociates@eth.net
Mobile: 9025792684-9025792634

Dear Animesh,

Yes, managers are kept out of the definition of WORKMEN, but it is really considered if they are getting a salary below 10000/-. They shall be treated as workmen by the new amendment as stated by VS Rajan. Otherwise, they have to proceed with a civil suit, which takes a lot of time. Another option is a speedy court.

Regards, KIRAN KALE

My Query: What is Speed Court? I have heard of Speed Post, but what is Speed Court? Please reply.

Dear,

It is not speed court but Fast Track Courts where cases are decided on a fast-track basis. The entire expenditure for these Courts is borne by the Central Govt though managed by the State.

With Regards,

Advocates & Notaries & Legal Consultants for Staffing & Recruiting Industry

E-mail: rajanassociates@eth.net

-9025792684, 9025792634

Dear,

Fast Track Courts are already there in every state and functioning smoothly. What you are saying is Special Courts, which are meant for a specific purpose. Fast Track Courts are regular courts that dispose of cases on a fast-track basis.

With Regards,

Advocates & Notaries & Legal Consultants for Staffing & Recruiting Industry
E-mail: rajanassociates@eth.net
-9025792684-9025792634

Thank you M/S VS Rajan Associates for your clarifications. I would like to further know from you, which kinds of cases are decided by Fast Track Courts? Who decides whether a particular case will be heard before a Fast Track Court or an Ordinary Court? If a manager wants to sue the company, does he have to file the suit before a Fast Track Court or an Ordinary Court? What is the norm for choosing the court?

Dear Fast Track Courts are already in every state and functioning smoothly. What you are referring to are Special Courts meant for specific purposes. Fast Track Courts are regular courts that dispose of cases on a fast track basis.

With Regards, VS Rajan Associates, Advocates & Notaries & Legal Consultants for the Staffing & Recruiting Industry No.27, 1st Floor, Singapore Plaza, No.164, Linghi Chetty Street, Chennai - 600 001. Email: rajanassociates@eth.net, Off: 044-42620864, 044-65874684, Mobile: 9840142164, 9025792684, 9025792634.

First, the case is filed in the regular court, and if needed, it is transferred by the District Judge.

Regards