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Simi Salooja (Legal Secretary)     03 January 2014

Time limit in filling a labour case in labour court, mumbai

Dear Experts,

Im looking for a Help in Labour court. I need to know what is the time limit in filing a case in Labour court, Mumbai... a client of mine was fired from work as a marketing manager from an mnc in mumbai within 5 months of joining the organisation, without giving any proper justification.

Request your help for way forward.

Regards

Adv Simi

Mumbai



 18 Replies

Kumar Doab (FIN)     03 January 2014

NO time limit.

You shall need to establish that the marketing Manager is covered as ‘Workman’ as in ID Act.

 

 

Good Luck.

Simi Salooja (Legal Secretary)     03 January 2014

Yes this is a tedious one.. as a marketing manager was on a salary of Rs 15 lakhs per annum.. but the job role was more clerical and cordination kinds, no reportees neither powers to take decisions..

 

Regards

Adv Simi

Kumar Doab (FIN)     03 January 2014

In one case the lawyer established that GM of the company did not have power to appoint, terminate, sanction leave, increment...................

 

Unfortunately the employee deceased during proceedings and family did not pursue later.

 

It was a fine job by the lawyer.

 

IN today’s scenario more and more employees given fancy designations shall expect from lawyers to defend them.

 

The lawyers would need to gear up to cater to the current needs.................

 

This case may warm up everyone.............................

 

God bless and GoodLuck

 

 

Simi Salooja (Legal Secretary)     03 January 2014

OOOOOSUUMMM......

Thanks a Ton... & wish mi luck...

Regards

Adv Simi

Mumbai

9967642220

Kumar Doab (FIN)     05 January 2014

Wish you all the best.

 

We want you to succeed.

 

We are sue you will succeed.

 

A few inputs::::::::::::::::::::::

 

Was this employee under Probation?

 

Has the employer stated any reason for termination in the termination order,..........................Is it Termination Simpliciter?

 

It may be cited by the employer that no stigma is caused by the order and any inquiry into the conduct of the employee earlier ( does not amount to misconduct warranting an inquiry, rather may be a ground for employer’s assessment of efficiency and efficacy of employee to retain him in service ) will not render the termination invalid.

 

The affected employee may provide for that Management for reasons other than efficiency wanted to remove him from services exercising power of discharge.

Supreme Court of India

Municipal Committee, Sirsa vs Munshi Ram on 4 February, 2005

 

https://indiankanoon.org/doc/1237341/?type=print

 

 

Labor Law/Service Matters is altogether different field and there are lawyers in each city those practice in it only, and specialize in it and are experts. They are few in number but are very well known. Such matters are usually referred to them.

 It shall be good if such a lawyer/law firm is there to support/moderate at your location.

 

The company is likely to contest the matter....................

 

 


Attached File : 75467796 municipal committee, sirsa vs munshi ram on 4 february, 2005.doc downloaded: 199 times

Adv k . mahesh (advocate)     06 January 2014

first go through the letter and analzye the points why he was fired and have inputs from your client 

their is normally no time bar for every action if you show reason then court accept your application 

Muddassar (Research Chemist)     03 April 2015

Dear Sir / Madam,

I was working in one private company in Mumbai from Dec. 2013 to Jan 2015.

Company has force to me give resign and at that time they promised me you will pay Jan and Feb months salary and also my leave balance amount.

My salary is Rs. 31467 / month

But they pay me only Jan and Feb salary and not Leave balance amount.

Can you help me for this , How to get this amount from that company.

Please inform me

Thanks

Kazi

Muddassar (Research Chemist)     03 April 2015

Dear Sir / Madam,

I was working in one private company in Mumbai from Dec. 2013 to Jan 2015.

Company has force to me give resign and at that time they promised me you will pay Jan and Feb months salary and also my leave balance amount.

My salary is Rs. 31467 / month

But they pay me only Jan and Feb salary and not Leave balance amount.

Can you help me for this , How to get this amount from that company.

Please inform me

Thanks

Kazi

Kumar Doab (FIN)     03 April 2015

@ Muddassar,

 

 

HOPE YOU WILL TAKE THIS POST POSITIVELY!

 The studied silence of bosses is not a new or unknown thing to lawful authorities and Law and courts.

 

 

Once again the question arises: “Why Employees continue to suffer with such tantrums/transgressions by employers and their CRONIES/ATTRONIES in Line/HR Managers????

Because Employee’s find it shameful to unite, form unions/Grievance Redressal committee/Works Committee, affiliate with trade unions, retain access to an able Labor Law Consultant/service Matters lawyer/Law firm!!!!!!

Majority of the employee are ill informed and ill informed employee is susceptible to exploitation.

 

 

 

Your able Labor Law Consultant/Service Matters Lawyer/Law Firm may like to go thru the language of job advertisement, job application,interview call letter,offer letter etc, break up of the salary mentioned in etc….verbatim………………and even your communications by email……………. For building favorable written record use at appropriate time in appropriate forum.

 

 

 

 

 

 

You can change to some good employer offering higher fixed wages while you were delivering high performance………………..and might change even now ………………..without any altercation.

 

 

You may reply pointwise to each point:

1. Did you resign with immediate effect or tender notice of resignation? Do you have copy of resignation? Do you have any evidence  of forced resignation?  Did you write demanding unpaid amounts? To whom you have addressed all communications/emails? Did you get acknowledgment and acceptance of resignation, FnF statement showing computation of salary paid/adjustment of notice pay/leave encashment/Bonus/OT,salary slip of all months,PF number a/c slips,ESIC card,Form16 as per correct FnF statement,NOC/NDC,service certificate,Relieving letter,  etc,?

You may demand to supply all of these documents, and payment of encashement?

 

If you are unable to draft your communications and handle the matter on your own seek help of elders in the family, Union leaders, labor Law consultant/ service matters lawyer. Narrate all representations made so far and address to good offices of appointing authority,MD,Chairman.

 

 

2.    Are you a member of Employee’s/Trade Unions

Does your company have any GRC (grievance redressal committee) and ‘Works committee’?

 

3. What is your designation and nature of duties? How many people were reporting to you? Did you have any power to employ,terminate,sanction leave (or recommend ……but clarify) ,grant increment etc?


4. What is your salary: Basic,DA.

5. Was salary slip of each month, PF number and a/c slip of each year, ESIC card,Form16 issued to you?


 

 

6.  Your reporting office was located  in which state?

 

 Regd. Office of the company is located in which state?

How many people are employed in the company?


Does the company have its CSO (certified Standing Orders) and does it cover your designation or do Model Standing orders apply to it?

 

 

The company is registered as: Commercial or Industrial establishment?

 



 

 

You may reply pointwise to each point!

 

It may be possible to revert to your query.

sameer (n/a)     29 September 2016

there is time bound.

Section 20 in The Minimum Wages Act, 1948

(2) 31 [Where an employee has any claim of the nature referred to in sub-section (1)], the employee himself, or any legal practitioner or any official of a registered trade union authorised in writing to act on his behalf, or any Inspector, or any person acting with the permission of the Authority appointed under sub-section (1), may apply to such Authority for a direction under sub-section (3): Provided that every such application shall be presented within six months from the date on which the minimum wages 32 [or other amount] became payable: Provided further that any application may be admitted after the said period of six months when the applicant satisfies the Authority that he had sufficient cause for not making the application within such period.

Regards

Kamal Tabrez

9711987817

Kumar Doab (FIN)     29 September 2016

The time set as per Payment of Wages Act is ;1year.

If employee is covered by ID Act then monetary claims me be lodged under Sec;33C(2)

Siddharth Dev (Advocate)     08 October 2016

No limitation to file case for labour case

Kumar Doab (FIN)     08 October 2016

@ Simi,

Sent a link to you.You may pick up relevant points.

Simi Salooja (Legal Secretary)     08 October 2016

@Kumar Ji...

The Process that was followed was like this.

Oct 2012 - they asked mi to resign with immediate effect - like leave office in an hours time. they also compensated mi (opp to the appointment letter) with one and a half months salary...  While this happened, i tried to call HR Asia Pacific and International Marketing Manager both sitting in Germany... no one was available....

Nov 2012 - FnF settlement happened.

Dec 2012 - I wrote an email to HR Asia Pacific... He replied back in the same month.

April 2013 - I wrote to all the board of directors to take action against the unlawful thing that has happened with mi.

they replied by asking to stop emailing otherwise they will take legal action.

kept loitering around for sometime.. didnt knew what to do... 

then in mid 2013 i approached Labour Commissioner office... His proceedures for mediation failed and this went on for quite sometime.. with dates and dates and dates.

Finally Labour commissioner officer made a report and submitted it in Labour court. The case got registered in Labour Court through Labour Commissioner Office in Jan 2015

How can this be a time barred thing??/ as i was constantly in touch with them... all this while..

Awaiting your response.

 


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