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varun Garg (no)     16 March 2021

Am i eligible to file case in labour court ?

Hello 

I am working with a Private ltd company in Delhi and withdrawing 66 k per month salary, the pre covid salary was little more then 1 lac per month

I am.not holding a Managerial post, nor I have any teams or any managerial rights etc.

My company doesn't pay PF / ESI etc.

Am I eligible to file complaint with labour court ?

If you require more details, please let me know.

Thanks!

 



Learning

 9 Replies

NRK MURTHY (Manager)     16 March 2021

Dear Mr.Varun,

Now present Labour court only admit the  cases of the worker level only not your case. You are drawing  the salary higher side. and you are not come under the preview of the ID Act.

Labour court only admit cases of workers level that is also some celling limit of salary Rs 24,000.

Now new wage code will  implement  no celling of salary and designation.

Labour court can not deal the ESIC/EPF matters.

you can  approach concerned epf/ESIC office and file a compliant against them.

I think we are not eligible for ESIC.

. if any information you can approach the labour consultant of your area that is better under stand the local situation.

 

This is my advise to you.

 

 

 

 

 

1 Like

Pradipta Nath (Advocate)     16 March 2021

PF and ESIC depends upon the eligibility of the Employee. Moreover if earlier you have been covered under EPF, you will be eligible for its coverage. But in ESIC once your gross increases, you will be outside of the scope. You may approach the PF commissioner. First ensure about your eligibility, then you can proceed before the PF Commissioner or even can file IPC 406 criminal case against your Employer.

varun Garg (no)     16 March 2021

Thankyou for the reply.

My concern is related to non payment of pending salaries and illegal termination.

If not labor court, where should I approach fo4 quick resolution.

Thanks!

NRK MURTHY (Manager)     16 March 2021

Dear Sir,

 

you can approach the Local labour department.

 

varun Garg (no)     16 March 2021

Thankyou Sir!!

Is there any law that I can refer to, if you can suggest!

P. Venu (Advocate)     16 March 2021

"Illegal termination" - Please post complete facts. Anyhow, employees who are outside te definition of worken can approach a Civil Court.

varun Garg (no)     16 March 2021

I asked for full salary as the work asked by then was 12 hours a day, they removed me from official wattsapp group, Blocked my office Number, and denied to pay my last month salary, when asked the reason, they didn't reply,  when said I will challenge this in court, they said you are not terminated, but aren't giving me joining either.

Ritesh Maity (Labour Law Advocate)     27 March 2021

If you do not fall under the definition of 'workman' as contemplated in the Industrial Disputes Act, then you cannot approach labour court for termination of service or payment of due wages. Even if you are not a workman, you may approach controlling authority under the Shops & Establishment Act. Whether you are a 'workman' or not depends absolutely on the nature of duties performed by you and not your designation. 

That apart, you have remedy to approach Civil Courts, which is unfortunately, more time consuming. 

Sankaranarayanan (Advocate)     08 May 2021

First issue notice to the management  


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