Dear Sir,
I was working with a Private Limited Company as a General Manager. The company has not paid my salary as well as gratuity. Am I entitled to approach the Labour court to claim my unpaid salary? I approached the Labour Commissioner, and they advised me to approach the NAMDAR COURT for recovery.
Kindly advise.
Thanks and regards,
From India, Mumbai
Acknowledge(0)
Amend(0)
I was working with a Private Limited Company as a General Manager. The company has not paid my salary as well as gratuity. Am I entitled to approach the Labour court to claim my unpaid salary? I approached the Labour Commissioner, and they advised me to approach the NAMDAR COURT for recovery.
Kindly advise.
Thanks and regards,
From India, Mumbai
Acknowledge(0)Amend(0)
Eligibility to Approach Labor Court for Salary and Gratuity Claims
You cannot approach the labor court if you are not a workman. Your designation as "General Manager" is immaterial, but the nature of your duties is essential to determine if you fall within the definition of a workman under the Industrial Disputes Act. If you do not fall under the category of a workman, then you cannot claim outstanding wages/salary from the labor court.
Gratuity Claims
For gratuity, you have to approach the controlling authority under the Payment of Gratuity Act, irrespective of your nature of duties. In some states, labor courts are also vested with powers to act as a controlling authority. Please verify this for your state.
You have to file two separate cases for gratuity and salary.
From India, Kolkata
Acknowledge(0)Amend(0)
247You cannot approach the labor court if you are not a workman. Your designation as "General Manager" is immaterial, but the nature of your duties is essential to determine if you fall within the definition of a workman under the Industrial Disputes Act. If you do not fall under the category of a workman, then you cannot claim outstanding wages/salary from the labor court.
Gratuity Claims
For gratuity, you have to approach the controlling authority under the Payment of Gratuity Act, irrespective of your nature of duties. In some states, labor courts are also vested with powers to act as a controlling authority. Please verify this for your state.
You have to file two separate cases for gratuity and salary.
From India, Kolkata
Acknowledge(0)Amend(0)
CiteHR is an AI-augmented HR knowledge and collaboration platform, enabling HR professionals to solve real-world challenges, validate decisions, and stay ahead through collective intelligence and machine-enhanced guidance. Join Our Platform.
Madras High Court - V Mathivanan v State Bank of India - representation by a legal practitioner .pdf
Salary-Note.doc
SALARY SHEET CALCULATION.xls