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Saurabh   22 June 2023

Jurisdiction of non payment of salary case - state labour or central labour commissioner office?

employee worked in central government Public sector unit.

contractor: PSU central Government

Principle employer: Ministry of Education (Central Government).

Problem: Labour commissioner office (central) denied to receive complaint of non payment of salary case. He is telling that this complaint or claim case should be registered in State Labour commissioner office delhi..

State labour Commissioner office denied to accept the case as they said employee was working in central government contract so it must be registered in labour commissioner office central govt.



where to go and against whom to go for not accepting the case.


 3 Replies

P. Venu (Advocate)     22 June 2023

The High Court could be approached in a Writ Petition.

1 Like

T. Kalaiselvan, Advocate (Advocate)     23 June 2023

If you are  made to run between pillar to post without any succour in view, you may approach high court with a writ petiton seeking relief and remedy

1 Like

LCI Thought Leader Rajesh Tandon ( Col (Retd))     26 August 2023

An employer may withhold an employee's wages for up to 30 days, or until the employee serves his/her notice period or provides sensitive information to the employer that was disclosed to him during the employment duration. In India, this is specified in the Payment of Wages Act. An employee who has been harmed by the employer's non-payment of wages may file a legal notice for non-payment of salary under Section 80 of the 1908 Code of Civil Procedure. India's laws offer various remedies for employees to recover unpaid and due salaries.

These include appointing an arbitrator, seeking help from a Labour Commissioner, or filing a petition in the labour court. If the contract does not include an arbitration clause, the aggrieved party can seek assistance from the labor commission. The Industrial Dispute Act also provides guidelines for resolving disputes in the labour court.

In the case of Jatya Pal Singh &Ors vs Union Of India &Ors on 17 April, 2013 - The Court expressed concern in the aforementioned matter regarding the Andi Mukta Trust's failure to pay the teachers their salaries. In those circumstances, it was determined that the Trust has a duty to make the payment, and a writ in the character of a mandamus was issued as a result.

The following documents are required for submitting a legal notification to the employer: The employee's appointment letter, all information regarding benefits and perks offered to the employee, A copy of the employment contract between the employer and the employee, as well as a copy of the bank statement as proof that the employee was not paid on the agreed-upon date.

You can make a representation about the Non payment of your salary to the Secretary to the Government of the concerned department in the case of a suit against the Central Government or to the Chief Secretary in the case of a suit against state government depending on the service rules applicable to you.

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