Caes filed against employer
aslamskhan
(Querist) 18 October 2016
This query is : Resolved
Respected experts,
It is now 3 years and my case is not solved till now.
matter is only 3months salary and last my appointed advocate who is percentage on recovering amount, till now able only ask for
production of document and affidavit consenting 3months salary.
Now every time from 6months the c.o.c give one month date and it is remained unsolved in
Bandra labour court.
please advice.
Kumar Doab
(Expert) 18 October 2016
While posting such queries employee should always post basic information;
What is this establishment; Commercial, Industrial?
What is its line of business?
How many persons are employed in it?
Does standing order apply in your case; Model/Standing?
What is your designation and nature of duties?
Do you have any power to sanction (Not just recommend) leave/increment/appoint/terminate/appraise/grant OT etc etc…………..
Can anyone change/cancel your recommendations?
How many persons report to you?
You are in which state?
Your service is under probation or confirmed?
For how many months you have been working?
What is the notice period tendered by you?
What is the notice period as per appointment letter?
Has your resignation been accepted?
Have you been getting salary slips?
What was your monthly salary?
When did you file complaint in Labor Court?
Kuummaar AS
(Expert) 18 October 2016
aslamskhan,
Give complete details in chronological order for getting proper advice.
Rajendra K Goyal
(Expert) 18 October 2016
Author,
Reply the questions from expert Kumar Doab.
Guest
(Expert) 18 October 2016
No remedy for the laziness of your lawyer.
Kumar Doab
(Expert) 18 October 2016
Post reply for further response.
Also clarify do you have copies,POD of communication sent to employer before filing complaint with O/o Labor Commissioner, and labor court.
Apparently you have approached labor court 6 months back.
"Now every time from 6months the c.o.c give one month date and it is remained unsolved in
Bandra labour court."
Rajendra K Goyal
(Expert) 19 October 2016
Author seem lazy also like his lawyer, has not replied the questions from experts.
Rajendra K Goyal
(Expert) 19 October 2016
Author seem lazy also like his lawyer, has not replied the questions from experts.
Devajyoti Barman
(Expert) 19 October 2016
Without knowing the reason fo delay it is difficult to advise.
You can consult with another lawyer to find out the reason of delay.
aslamskhan
(Querist) 22 October 2016
What is this establishment; Commercial, Industrial? INDUSTRIAL
What is its line of business? MFRS POLYMER BOARD
How many persons are employed in it?ALL OVER INDIA ABOUT 10 IN MARKETING
Does standing order apply in your case; Model/Standing? DONT KNOW
What is your designation and nature of duties? AGM MARKETING.
Do you have any power to sanction (Not just recommend) leave/increment/appoint/terminate/appraise/grant OT etc etc………….. NO POWERS
Can anyone change/cancel your recommendations? DONT KNOW
How many persons report to you? NO BODY
You are in which state? MAHARASHTRA
Your service is under probation or confirmed?
PROBATION
For how many months you have been working?
5 MONTHS
What is the notice period tendered by you?
1 MONTH
What is the notice period as per appointment letter? 1 MONTH
Has your resignation been accepted?
SIR NO NOTICE FROM EITHER SIDE
Have you been getting salary slips?
NO
What was your monthly salary?
60,000
When did you file complaint in Labor Court?
NOVEMBER 2013 THROUGH LABOUR OFFICE (KAMGAR BHAVAN)
Give complete details in chronological order for getting proper advice.
Expert : Rajendra K Goyal
Posted 4 days ago
Author,
Reply the questions from expert Kumar Doab.
Kumar Doab
(Expert) 23 October 2016
You have posted that:
How many persons are employed in it?ALL OVER INDIA ABOUT 10 IN MARKETING::: Post total number of employees.
Does standing order apply in your case; Model/Standing? DONT KNOW:::: Find Out.
What is the notice period tendered by you?1 MONTH;What is the notice period as per appointment letter? 1 MONTH;Has your resignation been accepted?SIR NO NOTICE FROM EITHER SIDE :::: What do your man by ' SIR NO NOTICE FROM EITHER SIDE'?
"till now able only ask for
production of document and affidavit consenting 3months salary."
How 3 months salary is pending?
"Now every time from 6months the c.o.c give one month date and it is remained unsolved in Bandra labour court."
Avoid using abbreviations.What do your mean by c.o.c?
Your lawyer seem to be trying to get admission of dues (debt).
Rajendra K Goyal
(Expert) 23 October 2016
Author should provide supplementary information asked by the expert.
aslamskhan
(Querist) 24 October 2016
How many persons are employed in it?ALL OVER INDIA ABOUT 10 IN MARKETING::: Post total number of employees.
At my time 3years ago it was 2 peons,1 accountant 1 accounts manager only.
and i was serving mumbai branch.Im marketing in mumbai it was only 3 persons.
Does standing order apply in your case; Model/Standing? DONT KNOW:::: Find Out.
What is the notice period tendered by you?1 MONTH;What is the notice period as per appointment letter? 1 MONTH;Has your resignation been accepted?SIR NO NOTICE FROM EITHER SIDE :::: What do your man by ' SIR NO NOTICE FROM EITHER SIDE'?
"till now able only ask for
production of document and affidavit consenting 3months salary."
How 3 months salary is pending?
salary was stopped without notice oral or written.
"Now every time from 6months the c.o.c give one month date and it is remained unsolved in Bandra labour court."
Avoid using abbreviations.What do your mean by c.o.c? it is
clerk of court
Your lawyer seem to be trying to get admission of dues (debt).
This is the reason i praise you all.
Kumar Doab
(Expert) 24 October 2016
c.o.c:clerk of court gves date if there is NO Presiding Officer.
Another querist had pointed out in her query that case is lingering since there is NO Presiding Officer.
Since you has NO powers you might get covered by the def. of 'Workman' 'Employee'.
Ask your lawyer if complaint can be filed before Inspector appointed under Bombay Shops & Estbs Act.
You have a local lawyer and he can guide you further.
Kumar Doab
(Expert) 24 October 2016
c.o.c:clerk of court gves date if there is NO Presiding Officer.
Another querist had pointed out in her query that case is lingering since there is NO Presiding Officer.
Since you had NO powers you might get covered by the def. of 'Workman' 'Employee'.
Ask your lawyer if complaint can be filed before Inspector appointed under Bombay Shops & Estbs Act.
You have a local lawyer and he can guide you further.
Rajendra K Goyal
(Expert) 24 October 2016
Can be benefited from the advice from expert Kumar Doab.
Kumar Doab
(Expert) 24 October 2016
Ask your lawyer for complaint u/s 406,420, Civil suit for recovery, approaching the employer as creditor, etc etc...............
Your lawyer may opine (after due examination ) that complaint under Payment of Wages Act may not be maintainable.
