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ashok kumar (Social Worker)     03 October 2015

Claim against company by senior officer employee

Claim against Company by Officer Employee

 

A Very Senior Officer Employee of a Big Corporate at NOIDA leaves the Company. While leaving his dues to the tune of 50Lacs (accumulated over the years) are not cleared by the Company

1.Which is the most appropriate forum for agitating and claiming the dues?

2.Does he fall in the definition of the workman and raise an Industrial Dispute and claim the amount under Industrial Disputes Act?

3.The officer has left NOIDA so it is very inconvenient for him to contest at NOIDA where he was working. Can he institute proceedings at the city where he now resides (Mumbai)? Is there any way out?



 12 Replies

Kumar Doab (FIN)     04 October 2015

A similar query is being discussed at folowing thread that you may find relevant:

 

https://www.lawyersclubindia.com/experts/Difference-between-manager-and-workman--562731.asp

Kumar Doab (FIN)     04 October 2015

Jurisdiction of courts might be an issue.

However first thing is to determine whether he would be covered by the def. of 'Employee', 'Workman'!

Detailed information and facts should be posted.

Kumar Doab (FIN)     05 October 2015

Senior Officials like AVP,CEO have succeeded to recover the dues....

 

The are judgments by larger benches of courts of law and it is decided that not only wages but emoluments are also debt on employer.......................The Trade Unions can represent former and existing employees to file petitions.

 

Even a CEO appointed by Indian Company in another country filed winding Up petition and has succeeded...................to recover the dues/bonus etc................

ashok kumar (Social Worker)     05 October 2015

Kumar Doabji

Would appreciate if U cite case laws or  law  in support of your  contentions

Kumar Doab (FIN)     05 October 2015

Ashok Kumar ji,

At this moment the query does not graduate to need for any citations.

My post are not my own contentions.

I certainly have the decisions rendered by courts of law and I have posted the case laws in many queris/threads on almost similar matters that are discussed in detail and reach a stage when citations are relevant to be posted.

 

The very senior official mentioned by you may have an efficacious remedy and may approach an able counsel specializing in labor-service matters, with full facts,details, records of the matter and understand the merits and remedies.

 

Kindly ask the official not to be averse to agitate at location of Redg. Office of the company.

 

If the need be and situation demands he shall have to agitate at location of Redg. Office of the company/jurisdictional courts as inserted in appointment letter- contarct of employment/location of an office of the company.

 

My hunch is that he/she may eventually have to agitate at location of Redg. Office of the company, however the able counsel(s) that has examined all docs/facts on record can advise the best.

 

 

 

 

 

 

 

 

hemal8110   05 October 2015

salary is not received since two month.no appointment letter,no salarys statement in any month,working since six month.payment made by cheque.present record by thumb impression by m/c.record cctv with him.Deman verbally for salary but no proper response said that no fund available.This is third month running,what to do ?

Kumar Doab (FIN)     05 October 2015

@ Hemal8110,

 

Always initiate a new thread.

Are you the very senior official  as posted in the query of Ashok Kumarji?

 

Or you are different and have your own query?

 

Pls clarify..............................as the treatment of both queries may differ.

 

 

 

 

hemal8110   05 October 2015

my query is differ than Ashko kumarji....own query....

Kumar Doab (FIN)     05 October 2015

@ Hemal8110,

 

IN another thread you have posted that:

https://www.lawyersclubindia.com/forum/Unpaid-salary-dues-125540.asp#.VhJq-G5-jMo

 

"unpaid salary deductions for security deposit as per contract for 3 years.but verbally said that work for 50 % salary or resign.I resign but my question is that condition is not given in contract that you have to work 50 % salary.What to do ?'

 

In the above mentioned thread you are working for 3 years..............................and have a contract.

 

Which is your actual and correct query?

 

 

 

Kumar Doab (FIN)     05 October 2015

@ Hemal8110,

 

You have posted another thread at:

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=127974&offset=0#.VhJyDW5-jMo

 

 

You may draft and post all point in order in this above mentioned thread.

 

Thus you will geter better and coordinated response.

Kumar Doab (FIN)     05 October 2015

@ Hemal8110,

 

You have posted another thread at:

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=127974&offset=0#.VhJyDW5-jMo

 

The points narrated by you in above thread  have been responded.

T. Kalaiselvan, Advocate (Advocate)     10 October 2015

I think expert Mr. Kumar Doab has very properly addressed both the queries raised in the same thread by two different questioners leaving nothing more to advise. 


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