How to file case under labour law
Om Prakash Pandey
(Querist) 20 May 2013
This query is : Resolved
Hi Experts
I am working in Pvt Ltd company in Delhi and i was confirmed employee i have resigned my job on 6th March and last working day is 5 th April . on 20 days working i have earn one privilege leave . during this period i have taken 12 leaves . But my employer deducted my salary of 12 days when he credited march salary in april 2013. Even Though i have 12 earned leave. when i asked he said that it will credited when full and final done . He deducted my 12 days salary according to current ctc and not adjusted the leave and leave pay given only basic salary . My query is
1)That employee can take earn leave, sick leave and casual leave during resignation period .
2) is it any govt law that employee cannot take these kind of leave during the resignation period .
regarding this nothing mention in appointment letter that you cannot take this leave during the resignation period
my company corporate office in gurgaon but registered office in delhi dwarka esi and pf no also registered from delhi .
please help me and if i correct then advise me in which state should i file the case along with court address . what is format for this and what paper required for this .
Please help me
Thanks
om
Raj Kumar Makkad
(Expert) 20 May 2013
1. The employer is well within his right to deduct salary for overdue leaves as has been done in your case.
2. Company may have its own rules for such restriction otherwise earned leave and sick leave can be got utilized during that period.
You can file the case at either of the places. The court at Gurgaon is situated on sohna Road near Rajeev Chowk and in Dwarka, it si situated in sector-12.
Om Prakash Pandey
(Querist) 20 May 2013
Thanks Sir
Dear Sir
please provide me proper address of Dwarka and sohna road . and what is procedure for filing the case fees etc .give full details still i have query
My query is employer deducted my salary on gross salary say 10000/30*no of days leave ie 4000 deducted but they pay earned leave amount of basic salary say 3000 is basic .They have not given me benefit of sick leave and casual leave during my resignation period it lawful.
2) there is no overdues leave my earned leave is pending and not availed before the resignation . and nothing mention in appointment letter regarding the earned leave you cannot take during resignation period. if it is not written in appointment letter can employer deducted the amount without intimation ?
Thanks
om
Raj Kumar Makkad
(Expert) 21 May 2013
What more address you require when I have told you near Rajeev Chowk on Sohna road Gurgaon and sector-12 in Dwarka?
Try to move on self feet in life. Court is 100 yards away from Rajeev Chowk and on main road sector 12 in Dwarka. If you still fail to trace them out, let me know. I shall personally come to your house and shall dispatch you there.
H.M.Patnaik
(Expert) 08 March 2016
PL. GET IN TOUCH WITH A EXPERIENCED LAWYER IN LABOUR LAW AT LOCAL COURT AS INDICATED BY MR. MAKKAD TO SEEK PROPER RELIEF .
