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Computer Rath (Jr. Associate)     13 August 2013

Wage claim of employee not a workmen

What is the remedy for recovery of Wages (Back wages)of an EMPLOYEE, Not catagorized as Workmen according to I.D Act,1947 ? Is there any remedy other than a Money suit?


 2 Replies

Suri.Sravan Kumar (senior)     13 August 2013

if you are not workman under ID Act you can claim wages by way of money suit only.

Kumar Doab (FIN)     13 August 2013

In addition to the Industrial Disputes Act, 1947, several states also provide for compliances under the Shops & Establishment Acts, Standing Orders Act, the employee that falls within the definition which has been provided under these enactments, would be protected up to that extent.

The Shops and establishments Act of some states is so employee friendly. The concerned employee may look into the act applicable to the state and if he can be covered a s employee.

If the wages drawn by employee as per def. of wages in Payment of Wages Act were Up to Rs.18000/pm, the concerned employee may opt for it.

In case the employee is not covered by either of the enactment the employee may approach civil court. The limitation period may be checked. It might be 3Y.

There are threads to suggest that employees have been contemplating to file criminal complaint under Sec 406, 420 and to approach employer as creditor………………….


Discussion > Labour & Service Law > Disputes > Delay in full and final settlement payment   Unanswered ThreadsPost New Topic


The affected employee may approach all options…………………..


 It shall be beter to proceed under the expert advice of an experienced  lawyer 

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