I was employed as Sr Asstt - Accounts and resigned the company on 12.12.2012. During the tenure of my service, Company had entered into wage settlement agreement with Workers Union on 31.10.2010 giving restrospective effect from 1.12.2008 and the benefits of which were given to me (non-unionised staff). Accordingly, my salary was revised wef 01.11.2014 as per settlement norms. The arrears arising out of the settlement was agreed to be paid by 30.11.2011.This was effected through BOD's approval note for non-unionised staff. I was also given one asstt who was on Contractor's roll and not company's employee.
The arrears arisen as above remained unpaid until my resignation and I was not paid the same on the date of my relieving. Hence, I rejected the final settlement which was forced upon me. Thenafter, I continuosly followed up the matter with the Company's officers including CS who each time assured me of paying the same in due course.
Now, I have approached the office of the Labour Commissioner filing application u/s 33C(1) of the ID Act. Company have submitted that I was not "Workmen" as per section 2(s) of the ID Act stating reasons that I was supervising the work of Asstt and recommending/sanctioning the leave. Company also says that since I was not the member of Workers Union, my claim is disputable in nature and is time barred as the same was not made within one year.
Pl comment.
Thanks
Deepak
The arrears arisen as above remained unpaid until my resignation and I was not paid the same on the date of my relieving. Hence, I rejected the final settlement which was forced upon me. Thenafter, I continuosly followed up the matter with the Company's officers including CS who each time assured me of paying the same in due course.
Now, I have approached the office of the Labour Commissioner filing application u/s 33C(1) of the ID Act. Company have submitted that I was not "Workmen" as per section 2(s) of the ID Act stating reasons that I was supervising the work of Asstt and recommending/sanctioning the leave. Company also says that since I was not the member of Workers Union, my claim is disputable in nature and is time barred as the same was not made within one year.
Pl comment.
Thanks
Deepak