Shahnawaz 26 September 2015

Un paid salary of 3 month

Last year I was working with one South Delhi based company and they have not paid my salary for 3 month so I have filled my case in labour office this year, 9 month has been passed my case is not settled at labour inspector end my previous company objection is I cannot come under workman category as Manager designation is mentioned in my appointment letter so now case has been transferred to labour commissioner desk.

Can anyone suggest what further action I can take in this matter should I first send legal notice to company or file recovery suit in civil court.

Now can I claim only for my salary part with interest or also for mental harassment with legal expense.

And how much time it will take to close the case if file in civil court.

And what will be legal charges for this case.

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6 Replies

K.S.Srinivas (Advisor (HR)) 27 September 2015

You can issue a legal notice and thereafter a civil suit.

Kumar Doab (FIN) 27 September 2015

You have modified the query.

Designation alone does not decide employee is covered by the def. of 'Employee' as in the Delhi Shops and Establishments Act and 'Workman' as in ID Act.

Delhi Shops and Establishments Act does not discriminate between ‘Workman’ and ‘Non Workman’.

As per the Act ,If the service conditions do not exist the sections of the Act shall decide the matter.

An able labor Law Consultant/service Matters lawyer/Law Firm may ask you a set of structured questions and may opine that you are covered by the def. of 'Employee' as in the Delhi Shops and Establishments Act and 'Workman' as in ID Act.

.

If covered you can lodge complaint with:

Inspector appointed under; Delhi Shops and Establishments Act

Payment of Wages Act: If the wages as per def. of Wages in the Act is upto Rs.18000/pm.This Act does not discriminate between 'Workman' and 'Non Workman'.

If the Labor Inspector has taken undue time and has not submitted report you can approach ALC.

If the Labor Inspector has moved the complaint to Labor Commissioner (as in your unmodified post) then he might have reported that company has not agreed.

The conciliation Officer shall grant 3 opportunities and refer the matter to labor Court.

Labor Inspector and ALC/Conciliation Officer does not have the power to decide you are workman or not.

A similar query is in progress at:

https://www.lawyersclubindia.com/experts/If-employers-doesn-t-pay-salary-on-fixed-date--562506.asp

Your able labor Law Consultant/service Matters lawyer/Law Firm can advise you further.

Adv. Dhamale (Lawyer) 27 September 2015

Pl pursue with the office of commissioner where your application is referred. Also issue a notice to your said employer wherein you may also seek the details of statutory contributions like provident fund. Whether you fall in an workman category will be decided as per process, however you may kindly take all steps before requisite authorities and courts. At the end of the day, the authority has to see the evidence and facts before it to decide the matter.

T. Kalaiselvan, Advocate (Advocate) 03 October 2015

You may follow the advises rendered by the above learned experts in the field whichever suits your situation.

Shahnawaz 22 October 2015

2 hearing date given by Deputy labour commissioner yet but employer not turn up even on single hearing should I send the legal notice now or wait for the decision of DLC on 3rd hearing . Pls advice.