Dear Sir/Madam,
My concern is that my friend is not getting salary for one month, and her company terminated her without any information, telling her she is not required anymore in the company. When she asked them for her one-month salary, they refused to give it to her. But later, after 3 months of follow-up and reminders to the company, she filed a case in the labor court. However, the MD or any other office staff did not attend the hearing continuously for 2 times. The lawyer then told her to file a case against them in civil court.
When she sent the last email to her company stating she is going to file a case in civil court, only then did the MD call her, telling her they are ready to give her the salary. But before that, she has to send an apology letter to them and close the file from the labor court, stating the company has given her salary and the matter is settled outside the court.
As soon as you do this, we will give you the salary. Please advise, should she close the file or not?
Regards, DD
From India, Mumbai
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My concern is that my friend is not getting salary for one month, and her company terminated her without any information, telling her she is not required anymore in the company. When she asked them for her one-month salary, they refused to give it to her. But later, after 3 months of follow-up and reminders to the company, she filed a case in the labor court. However, the MD or any other office staff did not attend the hearing continuously for 2 times. The lawyer then told her to file a case against them in civil court.
When she sent the last email to her company stating she is going to file a case in civil court, only then did the MD call her, telling her they are ready to give her the salary. But before that, she has to send an apology letter to them and close the file from the labor court, stating the company has given her salary and the matter is settled outside the court.
As soon as you do this, we will give you the salary. Please advise, should she close the file or not?
Regards, DD
From India, Mumbai
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Hi, Just take the confirmation from her company side that they are agree to give pending salary. Don’t close file before the mutual agreement in presence of lawyer and final settlement.
From India, Mumbai
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13From India, Mumbai
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Dear Dixit,
There is no mention in your post about the capacity of employment of the affected individual and also whether the pending case before the Labour Court is about the alleged illegal termination of employment or for the recovery of the unpaid salary u/s 33C(2) of the Industrial Disputes Act, 1947. The learned Lawyer's advice to file a Civil Suite further in this regard makes the situation incomprehensible. If the case before the Labour Court is against non-employment, well, the management might have adopted the same stand before the Conciliation Officer and as such their continued non-appearance before the Court can be a reasonable ground for setting them ex-parte. Then why did the Counsel advise her to institute a civil case? The M.D.'s gesture, only after receipt of a legal notice, insisting on an apology as well as withdrawal of the pending case signals the probability that the individual was not a workman under the I.D Act. So it is better to heed the advice of Sum_786.
From India, Salem
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There is no mention in your post about the capacity of employment of the affected individual and also whether the pending case before the Labour Court is about the alleged illegal termination of employment or for the recovery of the unpaid salary u/s 33C(2) of the Industrial Disputes Act, 1947. The learned Lawyer's advice to file a Civil Suite further in this regard makes the situation incomprehensible. If the case before the Labour Court is against non-employment, well, the management might have adopted the same stand before the Conciliation Officer and as such their continued non-appearance before the Court can be a reasonable ground for setting them ex-parte. Then why did the Counsel advise her to institute a civil case? The M.D.'s gesture, only after receipt of a legal notice, insisting on an apology as well as withdrawal of the pending case signals the probability that the individual was not a workman under the I.D Act. So it is better to heed the advice of Sum_786.
From India, Salem
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Circular Dated 28-10-2016 for settlement of PF Death Case Claims within 7 days.pdf