Struggling to Get My Final Salary: What to Do When the Employer Ignores the Labor Commissioner?

Seeking Advice on Labor Dispute Resolution

I have worked at the company for 6 months and resigned during probation after serving the entire notice period. I have obtained a clean relieving letter.

I have approached the labor commissioner for my full and final dues (only salary), amounting to around 1.3 lakhs. However, it has been 4 months now, and I am still awaiting my dues. I have tried reaching out to my management through WhatsApp, messages, and emails but have been prevented from entering the office gates as well. Upon complaining about my experience via email to them, with the Labor Ministry in cc, the management responded stating that my allegations are baseless and threatened to file a defamation case against me. They demanded an apology via email and asked me to collect the dues check from their office. Additionally, the management and I were summoned by a letter from the Labor Commissioner, but the management did not attend. Please advise on how to proceed. If the management continues to ignore the labor commissioner's letter, what should be the next course of action?

Understanding the Powers of the Labor Commissioner

Could you shed some light on the powers of the Labor Commissioner? Can the Commissioner close the case by instructing the employer to pay my full and final dues, or do I need to resort to legal action?

Coverage Under Labor Tribunal

As an employee, under which act am I covered by the Labor Tribunal if my salary exceeds Rs. 10,000 monthly, and I hold a managerial position but perform primarily clerical tasks? I had a team member based in another location whose attendance records were solely reported through me. I never even met this team member.

Compensation for Mental Harassment

Please advise on the amount of compensation I can claim from the employer for mental harassment and distress.

Regards.

From the quantum of the salary and the nature of your job mentioned in the post, it is possible to infer that you were probably not a "workman" seeking relief under the Labor Laws. The benign intervention by the Labor Commissioner in this regard may not bring any solution, as the management seems to be adamant. When your resignation was already accepted and you were formally relieved, why should the management insist on your personal appearance for collecting the dues? It is not necessary. Send a notice to the management through a lawyer to deposit the amount in your bank account forthwith within a particular date and mention that failure to do so will entail legal action for recovery and damages as well.

Clarification Needed on Salary and Settlement Issues

I do not understand this. You worked for a company for 6 months and resigned during probation. You completed the notice period but have not been given a full and final settlement. You are asking for a salary only for the notice period (period not specified, so I assume it's 1 month), which amounts to Rs. 1.3 lakhs. So, was your monthly salary Rs. 1.3 lakhs? Your next paragraph states the salary is more than Rs. 10,000. How much more, and what is the relevance? Why is the management not paying you? If you do not provide full and proper information, the answer you receive might be incorrect.

Legal Options for Salary Disputes

Thank you very much. I have some questions regarding my situation:

1. Should I present my case in civil court or the labor court?
2. Is it possible to request the management to settle my dues under section 33C of the Industrial Disputes Act in the labor court?
3. Can I lodge a complaint with the local Municipal Corporation or Public Works Department to revoke the company's license for non-payment of my salary under the Shops and Establishment Act by meeting the relevant official?
4. Is it feasible to file a criminal case against the management under sections 406 and 420?
5. Am I allowed to file a winding-up petition against the company?

I kindly request your categorical response to each of these questions.

Thank you for your assistance. Your prompt clarification on these matters would be greatly appreciated.

Regards, [Your Name]

Since you were an employee under the previous employer who is covered by the Delhi Shops and Establishment Act, 1954, you can make a claim under Section 21 of the Act by yourself or through a registered trade union, advocate, or an Inspector under the Act before the Workmen's Compensation Commissioner appointed for the area within a period of one year from the due date. However, since I could not locate the schedule of exemption, please verify whether there is any exemption for either your establishment or your cadre.

Alternatively, you can approach the Civil Court for recovery and damages. All other options are ruled out.

Regards, Menazes

Dear Sir,

Is there a possibility for me to appeal for my pending Full & Final (dues) in National Law Company Tribunal?

Regards.