file an application directly LC

jayanttelang (Querist) 13 October 2010 This query is : Resolved
Dear sir,i was a medical representative posted in MP state, my management conducted domestic inquiry against me on 5th FEB 2008,inquiry finished on 16th Sept 2009,but management sent me decision on 23rd Aug 2010,deliberately. company discharged me from services,
during this period,company had been paying me only 50% salary,inquiry was totally mlafide,can i file a complaint in local labour court directly,in MP state?

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Kirti Kar Tripathi (Expert) 13 October 2010
You can raise an dispute under section 2A of I.D.Act read with section 7B of the Sales Promotion Employees (Condition of Service) Act challenging dismissal. You have not mention where you have been suspended or not. in case, you were not suspended, you can claim the entire salary either under Section 33-C(2)of ID Act or under Section 15(2) of the Payment of Wages Act, in case your salary is less than Rs. 6500/-PM. If you were suspended, the question regarding entitlement of remaining salary merged with final order of termination and until final order is not adjudicated and set aside, you can not claim the amount.