Nidhi vora (Service) 18 September 2009

Urgent Help

Dear Sir,

I am member of union, want to file case against non compliance of settlement clause as under.

We are receiveing Special Allow./DA. every after 6 months as per govt.notification.when it comes down,Management not reduced it but maintain as it is ,when it is increased after a period management started paying it so we have not received the difference .what company did ,they were paying earlier Sp.Allow.as it is so they werte not breaching Min.Wages law and now restored it by new Spl.Allow.and the clause is as per settlement is"company will pay Spl.Allow.as per govt.notification '.

Now suggest can we file case under what way.

R'Singh

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3 Replies

Nidhi vora (Service) 20 September 2009

What happened , company keep paying the earlier figure of Spl.Allowance as it is when its come down and after that its increases by few figure still company keep paying that earlier higher amount ,so we couldn't get the difference.

Ashish Ovalekar (Manager Legal & Compliance) 23 September 2009

Dear Nidhi,

I would suggest that you approach the Labour Authorities in your area alongwith the copies of all your previous Salary slips. Explain to the Labour Officer in details as to what is hapenning, and then put the same in writing. The Labour Officer would then initiate action against the Company.

But i should warn you that you may have to brace yourself for some unwarranted legal issues with the Company, as well as the wrath of the Company, since you have approached the Labour Officials. Therefore i would suggest that the complaint should be initiated through your Union.

Thanks,

Ashish

H. S. Thukral (Lawyer) 28 September 2009

You can not as an individual approach the labour authorities to settle your grievance. It can be through your union. However if you feel that any amount is due under any settlement, you can individually approach the labour court directly under section 33 C(2) of the ID Act. You donot have to pay any court fee on that.