Anthony Fernandes (none) 12 January 2011

Leave Salary for 2 years working in a company

It would help me to know if I am applicable to receive Priviliege Leave for working in a private limited company manufacturing having factory in Goa and office registered in Mumbai for more than 2 years. On 2 August 2010company directory managing office from Mumbai informed me my services would not be required due to company having some problem. I asked the Director for my salary and leave salary dues. Salary for the month of July 2010 was paid in Sept. 2010 but no leave salary was paid which I was informed earler same would be paid to me. I accordingly wrote to the Director after approaching him. But no response. I wrote several emails to the company addressed to Mr. Thosar. Which I found later that spam fillter was applied to me emails. I wrote to several Govt. departments, and my complaints are floating on web.

I fine the company is ignoring my requests. Please let me know am I eligible to receive leave salary for the period I worked for the company.

I would be obliged to know your comments.

Thanks

Anthony

Reply Follow

5 Replies

Asha Pole (Legal) 12 January 2011

As per your statement, the director informed that you will be paid leave encashment against leave not taken. But Mr. Fernandes, does your offer letter or appointment letter states anywhere about the leave encashment facility. If yes it's only then you can proceed/ approach the other authorities, or else in absence of any such agreement between the employer and the employee, I am sorry to say but then all your efforts will be in vain.

V. VASUDEVAN (LEGAL COUNSEL) 14 January 2011

Were you employed in the factory @ Goa or Bombay Office. How many people were working in the establishment where you worked and what was your designation/roles. This would help provide you a prescise answer. Also to which government departments you wrote!

VASUDEVAN

Anthony Fernandes (none) 15 January 2011

Vasudevan.

Thanks. Yes I worked in Mumbai office which is practically laison office but a company's registered office. I practically worked to float purchase inquiries, laised with purchasers and factory for samples of chemicals, fillers, perfumes, etc. and or give purchase orders, collections for bills in Mumbai, sales promotions letters to prospective clients. Thes office is located with other sister concerns of the company and soap company's staff was 3 in Mumbai and Goa approx. 15/20 I am not sure, I did not visit the factory personnaly. As far as I know no workmen was issued any appointment letters?

Your advise would make me better informed on legal matters.

Regards Anthony

V. VASUDEVAN (LEGAL COUNSEL) 15 January 2011

The remedy available to you is limited yet you should pursue the options available. If your Mumbai establishment had only a few employees! - Can you find out if your HO was registered under the Bombay Shops & Establishment Act - If so, you may take up the matter with the Labour Commissioner.

Kirti Kar Tripathi (lawyer) 15 January 2011

All thing depends on which post you were employed. You are entitled for leave benefit as per Shop and Commercial Establishment Act, in case you were employed in Mumbai and if you were employed at Goa, you are entitled benefits according to the Factories Act. But remedy will depend on the nature of job you performed. In case you were workman, you have remedy under section 33-C(2) of I.D. Act and otherwise you have to file Civil suit. If you were employed at Mumbai the jurisdiction is exclusively in Mumbai and if in Goa, jurisdiction will be at both places, option is your to select.