Seeking Advice: How Long Does It Take to File a Labor Court Case for Unpaid Salary?

Hi, I worked for a Mumbai-based company for about 3 years in a pharma company as a Medical Representative. Later, the manager told me to resign from the same post without any notice on 21/11/13 and without paying salary. Later, I submitted the company properties and got an NOC, which I then submitted to the Head Office in Mumbai for the full and final settlement. However, even after 5 months, the authority responsible for the settlement is playing games with me, and to date, I haven't received the same amount. Therefore, I am planning to file a case through the Labor Court in Bangalore.

I would be highly appreciative if you could tell me how many days it would take to take legal action.

Thanks

In legal matters, it is difficult to determine the time involved; generally, in such cases, one has to be ready for a long haul.

Regards,
S.K. Johri

First of all, you can't file the case in the labor court as the nature of your work is not as a worker/laborer. However, you may file the case in civil court.

Dear Abdul,

As a medical representative, you fall under the Sales Promotion Employee Act, and all labor laws are applicable to you, including the Industrial Dispute Act. Therefore, you can file a case in the labor court as you are authorized to do so according to the Industrial Dispute Act.

Thank you.

Dear Tushar,

Let me correct you. Medical representatives are sales promotion employees, and they are covered by the Sales Promotion Employees Act (Condition of Service) 1976. All labor laws applicable to sales promotion employees, giving them the full right to file a case before the Deputy Labour Commissioner/Labour Court.

Dear Abdul,

You can file a case under the Industrial Disputes Act, Section 33 C2, before the labor court where you were last employed.