Can a Manager approch to labour commissioner if company management not releasing his full and final payment?
Deepankar Dutt Sharma (Advocate) 01 October 2009
Yes, Manager can approach Labor Commissioner but if his work responsibily covers in the defination of worksman.Apex Court clearly says that it is not the post but it is the kind of work which can decide wheather the person is worksman or not.So if you can describe job responsibility it will be much easier to answer.
PJANARDHANA REDDY (ADVOCATE & DIRECTOR) 02 October 2009
THE JOB U PERFORM MUST FALL UNDER THE CATAGORY OF WORKMAN.THEN ONLY LOBOUR COURT JURISDICTION APPLICABLE
Swami Sadashiva Brahmendra Sar (Nil) 02 October 2009
In general a person working in supervisory capacity does not fall under the definition of workman and can not approach the forums under I.D. Act. But there are divergent opinions in this regard and the point is debatable one.
Ashish Ovalekar (Manager Legal & Compliance) 03 October 2009
It totally depends upon the nature of work you are doing and not the designation in which you work. If you have any reportees working under you and you are incharge of their leave and other disciplinary issues, or have independant power to take decisions, then you do not fall under the category of workman.
But if your full and final payment also constitutes gratuity payment, then you can approach the Authority under the payment of Gratuity Act, and claim gratuity from the Company. For other payments under F&F, i would suggest, you issue a legal Noti9ce to the Company.
To threaten the Company you can also file a police complaint against the Company for cheating you of your lawfull dues, or approach Civil Court and file a suit for specific performance of the Contract and recovery of monies.
Suresh C Mishra (advocate) 03 October 2009
yes I am also agree with the replies of all the friends , the job performed by the person is the decisive factor to decide to be a workman not the name of the post.
s.chandrasekar (consultant) 07 October 2009
Strictly speaking a provision has to be made to enable the managers with grievances to approach the apex body under labour law. Many companies take this for granted and shoo away the benefits and other encashable instruments at the time of separation, if the management is not okay with the manager.
Always it is not practical for all managers to be a mute spectators. It's time to bell the cat.