Shop & establishment act, delhi

SKM (User) (Querist) 19 January 2017 This query is : Resolved
A project manager having worked with us till Feb. 2012 has filed a complaint with Dy. Lab. Commissioner on 31/08/2016 against our PVT. LTD.(Delhi Regd.) company claiming unpaid salary @ Rs.60,000/- PM for three months under Shop & Establishment act, Delhi. He had earlier filed complaint with Dy. Lab. Commissioner in March 2013 inder Industrial Dispute act 1947 and this application was dismissed. My query is:
Is there no limitation of time?
Can a person of manager level @ Rs. 60,000/- approach labour court?
What if we don't attend the proceedings?
What are the remedial options available to us?
Where and when can the order of labour court challenged?
Pl advise

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Guest (Expert) 19 January 2017
Detailed case history needs be examined with particular reference to the judgment of the 2013 case.

Kumar Doab (Expert) 19 January 2017
If the dues are unpaid, these may be paid and matter be closed.

It shall be better to attend the proceedings.

Whether the concerned employee is covered or not is the question of facts and law.

You may show the documents to a very able counsel specializing in labor/service matters.

At Delhi you can access counsel specializing in labor/service matters, par excellence.

SKM (User) (Querist) 19 January 2017
Ther are no dues as unpaid. It is only to harass after failing in Industrial Dispute Conciliation act.

Kumar Doab (Expert) 19 January 2017
Attend the proceedings and establish that NO dues are unpaid.

Guest (Expert) 19 January 2017
What type of proof you possess about the payment of salary to the project manager?

Also, whether salary paid in cash or through cheque/ bank transfer of funds?

Rajendra K Goyal (Expert) 19 January 2017
Discuss in detail with your lawyer.

Company can afford professional consultation.

Kumar Doab (Expert) 19 January 2017
The establishments covered by Delhi Shops & Estbs Act have to comply with rules framed under the Act.

You must be having the record/registers to establish.

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