Recovery of payment

raju (Querist) 11 December 2025 This query is : Resolved
I have two queries nom1 is that Case for recovery of payment under section 33 C (2) of industrial disputes act 1947 filed. Can case for recovery of payment be also filed before labour commissioner under the payment wages act 1936.

No.2 after my Case filed employer filed complaint with police for thief. Please advise what to do.

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Quick Summary

If your employer hasn't paid your wages and dues after you've resigned, you can pursue recovery through the Labour Court under Section 33C(2) of the Industrial Disputes Act, 1947. You can also apply to the Labour Commissioner under Section 15 of the Payment of Wages Act, 1936. If your employer files a false police complaint for theft to pressure you, you will need to defend yourself in the criminal court while continuing your wage recovery case.

kavksatyanarayana (Expert) 11 December 2025
These are two different cases. viz.1. For the recovery payment, you shall engage an industrial lawyer and for a theft case, you have to engage a criminal lawyer. You'll need to prove your innocence in a criminal case.

Advocate Bhartesh goyal (Expert) 11 December 2025
( 1 ) No, you can't legally file another case for recovery of same payment in another Act, you are estopped by law.
( 2 ) you have to defend the case on strong grounds.

T. Kalaiselvan, Advocate (Expert) 12 December 2025
If you have arrears of salary to be paid by the employer you can either file an application in the same case that is going on in the labour court or on the basis of documentary evidence you can file a civil suit for recovery of arrears of salary amount.
The criminal case for theft is to be challenged in the criminal trial court on merits in your side.

raju (Querist) 12 December 2025
THE EMPLOYEE HAVE RESIGNED AND THE EMPLOYER DID NOT PAY HIS SALARY AND OTHER DUES INSPITE OF REPEATED REQUESTS. THEREAFTER EMPLOYEE FILED CASE BEFORE LABOUR COURT U/S 33 C OF ID ACT 1947 FOR RECOVERY OF SALARY AND OTHER DUES. ON THE SAME THE EMPLOYEE HAS ALSO GIVEN APPLICATION TO LABOUR COMMISSIONER U/S 15 OF PAYMENT OF WAGES ACT 1936. NOW THE EMPLOYER JUST TO PRESSURIZER THE EMPLOYEE HAVE FILED COMPLAINT WITH POLICE THAT EMPLOYEE HAS TAKEN EATABLE ITEMS ALTHOUGH THE EMPLOYEE HAD ALREADY PAID THE AMOUNT BUT NO RECEIPT WAS GIVEN AS PER PRACTICE.

T. Kalaiselvan, Advocate (Expert) 13 December 2025
What do you want to say in your subsequent post.
As suggested earlier, you may have to handle both the cases separately because it is not interlinked to each other.

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