Confused About Filing a Salary Dispute: Should I Go to Gurgaon or Chennai?

I worked at Pvt Ltd in Chennai, but the company's corporate office is in Gurgaon. They are deducting 40k, claiming that I have not collected money from a vendor. I filed a case in the labor court, but the reply is that I should go to the petition section 33(2)c because my salary exceeds 18000/-.

Where should I file the petition, in Gurgaon or Chennai? At the labor court or...

Dear Mr. Raj,

The appointment letter contains a clause regarding court jurisdiction in case of disputes. Kindly check that. The labor court will not be able to help you out. Please approach the civil court.

Regards,
Col. Rathi

Since your place of work was Chennai and the salary was paid in Chennai, the jurisdiction will be Chennai. Does not your lawyer guide and advise you.

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Since your place of work was Chennai and the salary was paid in Chennai, the jurisdiction will be Chennai. Doesn't your lawyer guide and advise you?

Mr. Subhash Raj,

You have not shared your designation, nature of duties/work performed, and exact pay. Just salary criteria cannot define whether you are a workman or not. Anyway, if you are not a workman, the jurisdiction will be your place of posting.

P.K. Sharma

I fully agree with Sh PK Sharma that unless you provide the full details of the case, you can't expect proper guidance or a solution from senior members. You should mention:

1. The type of company or organization, whether it's a manufacturing company or an office.
2. The total number of employees working there.
3. Your position, functions, or designation in the company.
4. Your salary.
5. Who was responsible for collecting Rs 40,000 from the vendor? Was it due to your negligence or a lapse?
6. Can the money be collected from the vendor now and paid to the employer to absolve yourself from the charges of a lapse?
7. Any other relevant information related to your case.

Regards, BS Kalsi

Cheque bouncing amounts cannot be recovered from the employee. Please inform your company whether the same has been disclosed in the employment terms and conditions. If not, you can file a civil suit against the employer. However, be aware that you may lose your job soon, so proceed accordingly.

I am providing details as noted below:

1. The company is a logistics and transport firm known as Varuna Integrated Log Pvt Ltd.

2. The total number of employees is approximately 250 or more, but in the Chennai branch, we were 10 employees.

3. I held the position of Vendor Development Manager.

4. My salary was ₹32,500 monthly.

5. I placed company vehicles with vendors and was responsible for cheque collection. However, it was not documented during my service. I placed approximately 200-250 vehicles and collected all payments, except for one vehicle whose cheque bounced. The accounts department informed me 15 days after the bounce. Subsequently, I was absent from Chennai for 20 days while at the Gurgaon office and then took an 8-day leave. I did not receive help from the Zonal Manager or Branch Manager during that period. I collected and submitted ₹40,000 out of a total of ₹80,000. I requested approval from the senior manager or Zonal Manager for a case file against the vendor, but they did not provide written approval.

6. No vendor was found guilty. The vendor closed the office, took the amount from different transporters, and fled from Chennai. We no longer have any contact information for the same vendor. Some other transporters have already filed cases against the vendor for their payments.

The company is deducting amounts from most employees and not paying their full and final settlement promptly. Consequently, employees are only able to secure jobs for a maximum of 5-6 months. Employees who have left are not receiving their final settlements satisfactorily. However, no one is willing to pursue legal action due to concerns about fees and other expenses.

I have visited the employer 10-12 times but have been unable to secure a meeting or a response. I have evidence to prove that I was not responsible for the issue. I was not negligent or at fault.

Regards,

Dear Subhash Raj,

Thank you for your point-wise reply to my email. The Negotiable Instruments Act, 1881, is applicable in cases of dishonour of a cheque. Your company should have granted you permission to file a case against the defaulting party. They cannot deduct the amount of Rs 40k from you unless they prove you guilty of negligence by conducting a proper inquiry into the matter. If they do so, you have the option to seek relief by approaching the civil court.

BS Kalsi, Member since August 2011

In further reference to my earlier reply, I would like to add that as you have mentioned, "I filed a case in labor court but the reply is that you go to petition section 33C(2) because your salary exceeds 18000," and inquired about where you should file the application, in Gurgaon or Chennai.

Let me clarify that it is 33C(2) and not 33(2)(c) as mentioned by you. You can't get relief under that Act because you are not covered under the definition of a "workman." As suggested in my previous email, your remedies in this case lie in the Civil Court, and jurisdiction shall be where the cause of your termination occurred.

Regards, BS Kalsi

33(c)(2) I'd act. 1947

Really, I am tired. There will be expenses to file a case and I need time.

In Chennai, I have given a written complaint and received a reply from the Chennai Labour Office.