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Jayanta (Service)     20 April 2009

Legal Opinion : Employee

Working in a reputed Pvt Sector with >25 years good track record. New lesss qualified Boss is mentally torturing using abusive languages by email & verbally. I have reported the matter to Higher Authorities by writing but no help is coming. Inhuman treatment is going on as my predecessor also faced the same and left for another Deptt. Kindly advise recourse available to me urgently.I am advised by Doctor to avoid stress for life safety.Kindly advise urgently.

Thanks & Regards,

J Bndyopadhyay




 10 Replies

tarun goyal (Govt. service)     20 April 2009

dear keep a strict watch on the development of the case reported in the LCI captioned as

Delhi HC issues notice to ICICI bank for harassing employee

tarun goyal (Govt. service)     20 April 2009

dear keep a strict watch on the development of the case reported in the LCI captioned as

Delhi HC issues notice to ICICI bank for harassing employee

badrinath (Sr.Manager-human resources)     20 April 2009

Sexual harrassement is dealt severely by the courts in recent times. hence my advice is you can directly report the matter in writing with  proper supporting documents to the labour commissioner for appropriate action.

Manasi Save (Legal Practioner)     20 April 2009

You can approach police and can complain under relevant sections Indian Penal Code also also approach any local Women's Organisation or a body like Women's Development Cell. Please don't bother much about your job but fight for your dignity and self respect first. Write to your Head of the Company. Also gather help from your other female colleauges if they are also facing the same experinence. Get united and fight. iTS a human right issue also there is leading cases to your accord if you are planning to take the case to court. Also collect certian documentary evidence before approaching any forum for help.       


I could not understand by seeing your querry, that the harassment is s*xual one.  If it is so, you have got two types of remedies.  The first remedy is through your department.  You write a letter to the head of the department asking him to transfer that particular person from the department and immediately initiate an enquiry against his misconduct.  It appears that the big bosses won't react, then you can move the court of law against not only the accused but also against the bosses, who are not in a position to protect the modesty of its female employees.

The next option is engage an advocate and file a complaint in the police station under various provisions of Indian Penal Code.  I know the executive will be callous, but the judiciary will be sensitive to your prayers.

Save email messages and SMS messages, which would be helpful to you in your legal battle.

All this explanation is given with an assumption that the harassment is s*xual one. 

vidya777 (SERVICE)     20 April 2009


vidya777 (SERVICE)     20 April 2009

Dear sir,

I have one query.....

we are paying to our workers special allow.as per govt.notification(eng.industry ) in july 07 (549 /-)that spl.allow.comes down ,but we have maintain as it is.(939/-)now in jan.09 spl.allow.declere Rs.873/-some of the company they have adjusted balance amount in fixed da.and our company workers are also asking to restructure it from the day it has come down i.e.Rs.549/-but we have maintain as it is Rs.939/-pm.

Union has made dispute that they are demanding to pay Rs.difr.between Rs.939/- and Rs.549/- as fixed da.

Can they demand it,because we have not reduce it,we have maintain it as it is.?

Please suggest.




Please let me understand that what is this "Government Notification" and "prescribing special allowance" by virtue of Government Notification.
Are you talking about notification issued by the appropriate Government under "Minimum Wages Act, 1948" or something else.  Let me know, I clarify the position.


vidya7 (SERVICE)     21 April 2009


Dear Mr.Prabhakar sir,
Vidya Here again,
Yes it is notification issued by govt. we are paying special allowance to workers as per govt.notification which decleare every after 6 months.i can tell you ..

Spl.Allow. Declere
Spl.Allow.we paid

some of the industry they put diff.initially as fixed da and settle the matter,now workers are asking to give restrospective effect i.e.from July 07 diffr.
can they demand it?
moreover we are paying basic wages which is  more than govt.prescribed basic wages.
Please suggest.


You have not mentioned the Basic Pay.  As per the Minimum Wages notifications for each and every six months, depending on the price rise, the special allowance (popularly known as variable Dearness Allowance) will rise. 

As per the settled law, that the employer should not pay less than the Minimum Wages, which is total of B.P. (Basic Pay) and V.D.A. (in your case it is special allowance).  If you are paying not less than total of B.P. and Special allowance, despite increase in Special allowance by Govt. notification, you need not pay the enhanced allowance.

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