Unpaid for 3 Months: How Do I File a Labor Court Case Against My Company?

Hi All,

My company has not paid my salary for the last 3 months. I have all the necessary written documents, and I want to file a case in the labor court against the management. Please inform me about the procedure.

To enable us to provide a proper reply, you should furnish the following inputs:

1. The type of company and the number of employees deployed.
2. Your designation, functions, and salary drawn.
3. Reasons for non-payment of salary.

Filing a Claim Under the Payment of Wages Act

However, if you are employed in a factory or in an industrial or other establishment specified in sub-clauses (a) to (g) of clause (ii) of Section 2 and you are drawing wages not exceeding Rs.18,000/- per month, you can file a claim with the authorities appointed under the Payment of Wages Act, 1936.

Regards, BS Kalsi

Dear Nikhil,
In reference to your query, I am of the opinion that in case an employee does not fall in the category of 18k & Factory Act, then you can take the following steps to recover the unpaid wages:
• Prepare your claim
• Write to your employer about your claim & keep a record of such letters
• File your claim with the local court
• Present your case in court.
BS Kalsi
Member since August, 2011

Disputes between employers and employees are guided by the Industrial Disputes Act. Refer to the definition of an employee under the act and check whether your role fits within that definition. If the answer is yes, approach the Government Labour Officer with the necessary papers and seek their advice. If the officer fails to bring about conciliation between you and your employer, they will submit a 'failure report,' and the matter will be referred to the labor court.

As a private employee, you can file your case in the labor court. If you are a government servant, you should approach the concerned tribunal.

Filing a Case in Labor Court

There is a provision that a party in person (without an advocate) can file a case in the labor court. For this, you should approach the scrutiny officer of the labor court under the jurisdiction of your organization. The scrutiny officer is the one who verifies the file for correctness and compliance. If found compliant, it will be placed before the court. My point here is that if you approach him, he will inform you of the requirements for filing. During the first hearing, the Honorable judge may ask you whether you can argue on your own or appoint a lawyer on your behalf at no cost, which is known as free legal aid available to poor litigants.

Regards, Samrat Gunti

Depending on the nature of your employment, your company's strength of employee, you can file the case under the following courts:

1. Labour Court under Section 33C(2) of the Industrial Disputes Act
2. Court under Payment of Wages
3. Referee under the Shops & Establishment Act

However, it is advisable to first give notice to the management demanding the outstanding salary before proceeding to any forum or court.

Options for Addressing Unpaid Wages

You have to decide whether you want wages for 3 months or want to file a case in court. Why file a case when there is a possible remedy under conciliation proceedings?

You can find the office address and the name of the Government Labour Officer (GLO) having your office under his jurisdiction. You may consider writing a last letter with a timeline, mentioning that failing this, you will file a complaint with GLO Mr./Ms. XYZ. Upon receiving a conciliation notice from the GLO, the employer may pay off the wages.

If this does not work, meet the GLO and seek his guidance about writing a complaint and any attachments required with it.

If the employer does not agree, the GLO will forward a failure report, and he will recommend the government to file a case in the labour court. Such a case will be stronger for you. And who knows, during conciliation proceedings, the employer may pay the wages. Going to the labour court is not required. Complaints for non-payment and conciliation proceedings for them are dealt with great speed.

Definition of Industrial Dispute

Kalsi, pasting the definition of industrial dispute from https://mahakamgar.maharashtra.gov.i...s-act-1947.pdf. Check the definition of 'industrial dispute' under the IDA anywhere. It is as follows:

(k) "industrial dispute" means any dispute or difference between employers and employers, or between employers and workmen, or between workmen and workmen, which is connected with the employment or non-employment or the terms of employment or with the conditions of labor, of any person.

The non-payment of wages is connected with employment. It can be established by RTGS made, wage slip, appointment letter, etc. Please be careful while you post something, especially while refuting. Some may think what is posted is fact and may land in a problem.

Regards, Shrikant Prabhudesai

Kalsi,

Legal language may sound curt, but I have used the word "please," hence there is no need to feel otherwise.

Your first paragraph of the post emphatically distinguished between individual and industrial disputes, which was incorrect. To support your claim, you mentioned that the majority of employees or union support will be required to establish an individual's dispute as an 'industrial dispute' - which is incorrect.