How Can My Friend Fight for Unpaid Salary and Benefits After Unfair Termination?

Dear Seniors,

One of my friends, "A," has been working at XYZ Ltd company as a Senior Officer for 25 years. However, for the past 18 months, "A" has not been receiving their salary due to the financial problems faced by XYZ company. Suddenly, XYZ company issued a termination letter citing prolonged absence, but the reality is that "A" was absent for 45 days due to COVID, and this was communicated to the company.

"A" filed a written and online complaint with the Labour Commissioner's office. After a thorough investigation, the labour commissioner closed the case stating that "A" is not categorized as a workman and advised approaching the court directly.

"A" has a gross salary of 40k with a basic salary of 10k. Their last working location was in Madhya Pradesh, while XYZ Ltd's registered/corporate office is in Kolkata.

Please advise on how and where "A" should approach the court to claim their due salary and social benefits.

If there are any specialists in this field, kindly provide contact information for them.

Thank you.

Termination and Legal Recourse for Unpaid Salary

The labor department may have closed the case because he was an officer with supervisory powers. However, he cannot be denied natural justice. The termination of employment for absence without intimation could be justified, but since he had informed the leave, the termination might be illegal. However, 45 days of leave for COVID-19 is practically impossible. Therefore, the employer's act of terminating him can be partially justified. But what about the unpaid salary for 18 months? Will he get it? If not, he can file a case against the employer in any civil court. Naturally, it will take years to reach a settlement. Therefore, the only possible way is to have a settlement with the employer.

Alternative Legal Action

In a similar case, I advised an employee to file a complaint with the local police, and it worked! If the police officer is a good person, they can find a solution for any issue, including those connected with HR. The officer called the HR manager of the establishment and instructed them to pay arrears of salary plus compensation for termination. In this case, I believe if your friend is not receiving a salary for the last 18 months, others might also be unpaid, and still, the establishment is running. That means there is a clear violation of law and cheating, which falls under the jurisdiction of the police. The labor department will take care of workers only, but the police will protect managers as well! Try that approach.