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M. Deepak (HR)     30 April 2012

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 ?



Learning

 12 Replies

JANAK RAJ VATSA (ADVOCATE)     30 April 2012

no. manager designated company employees are not covered

Basavaraj (engineer)     02 May 2012

hope she can can go to court/human right organisations.....?

M. Deepak (HR)     02 May 2012

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

Anjuru Chandra Sekhar (Advocate )     03 May 2012

:)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.

ANUP KUMAR (AVP-LEGAL)     08 July 2017

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.

 

Kumar Doab (FIN)     09 July 2017

Supervisor might also be eligible.

Rest depends upon nature of duties on record.

 

 

Kumar Doab (FIN)     09 July 2017

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.

 

  

Kumar Doab (FIN)     09 July 2017

Or Civil courts can be approached.

Anjuru Chandra Sekhar (Advocate )     09 July 2017

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.

Anjuru Chandra Sekhar (Advocate )     09 July 2017

😀Many people ask queries in this forum like University asks a question to student in examination. You are in need. You please introduce yourself, convey your problem and then ask the question, instead of asking like examiner.

Basavaraj (engineer)     09 July 2017

Irrespective of salary and designation based on nature of duties, with no reportes under the post, can approach labour Court or labour commissioner for any industrial disputes, under ID act of 2(a).

Kumar Doab (FIN)     10 July 2017

The nature of duties on record matters.


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