Upgrad LLM

can a highly paid manager approach labor department


One female manager drawing CTC  Rs.25,000 per month approached labour commissioner for help to get some relief from her ex employer .  She was a manager, supervising more than 50 employees. 

Is it under jurisdiction of Labour department ?

 
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ADVOCATE

no. manager designated company employees are not covered
 
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hope she can can go to court/human right organisations.....?

 
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Yes they cand definitely approach a court of law.  Can  State  Human Right Commission handle such cases ? Is there any precedence  ?

 
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Advocate

:)Indian Law presumes that whosoever works in Managerial cadre are part and parcel of Promoters, owners and management of the firm/company and so they cannot have any issues among themselves.  How funny? Employee working in managerial cadre wants to move courts?  She will never get jobs elsewhere in India in future if she does so. All managements in the country will remember her name forever.

 
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AVP-LEGAL

If agrieved employee was working in Delhi, he/she has the right to complain to labour commissioner under Delhi Shop & Establishment Act, irrespective of the designation.

 

 
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FIN

Supervisor might also be eligible.

Rest depends upon nature of duties on record.

 

 

 
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FIN

If the establishment is commercial:The Inspector appointed under State Shops & Estbs Act may be approached, if employee is covered by the def. of employee as in the  Act.

The Inspector appointed under Payment of Wages Act may be approached, if employee is covered by the def. of wages as in the  Act.This Act does not discrminate between Workman and Non Workman.

 

  

 
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FIN

Or Civil courts can be approached.

 
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Advocate

The answer depends on nature of relief sought. Depending on nature of relief sought we see which law is applicable to get that relief and that law lays down rules about the forum the victim has to approach. With the given information it can't be said whether she can approach Labour commissioner or not.

 
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