Where to challenge termination of job in insurance company

I'm Sales Manager in MNC company working in insurance sector, while company illegally terminate my service without payment of Salary ond without issue 1 month notice. So where I can file complaint for my legal dues, whether Sales Manager is comes under labor department. At state labor department or Central labor department or directly file complaint at Labor court. Pls guide and Help Read more at: https://www.lawyersclubindia.com/forum/where-to-challenge-termination-of-job-in-insurance-company-239588.asp As a Sales Manager in an MNC insurance company, your status and legal recourse depend on whether your primary duties are managerial/supervisory or if you fall under specific protections. 1. Does a Sales Manager Come Under the Labor Department? • Workman vs. Non-Workman Status: Under Section 2(s) of the Industrial Disputes Act, 1947, employees performing managerial, administrative, or primary supervisory roles (such as managing sales teams, setting targets, evaluating performance, or holding authority over staff) are typically classified as non-workmen rather than workmen. Recent rulings (such as M/s Bharti Airtel Ltd. vs. A.S. Raghavendra by the Supreme Court) affirm that sales/regional managers with supervisory oversight do not qualify as workmen. • Contractual Governing: Because you are likely a non-workman (managerial category), your employment is governed primarily by your employment contract, company policies, and the local state Shops and Establishments Act rather than traditional labor courts meant for factory/manual workmen. • Unpaid Salary & Dues: Even as a manager, you have a strict legal right to your earned unpaid salary, notice period pay (e.g., 30–90 days as per your contract), and statutory dues like Provident Fund (PF) or gratuity. 2. State vs. Central Labor Department vs. Labor Court • State vs. Central: Insurance companies operate under private/MNC entities regulated under state commercial laws (Shops and Establishments Act of the respective state, e.g., Telangana Shops and Establishments Act if you are based in Hyderabad). Complaints regarding non-payment of wages or local labor rules go to the State Labor Commissioner / Assistant Labor Commissioner of your state, not the Central Labor Department (unless it is a PSU like LIC/GIC). • Labor Court vs. Civil/Summary Suit: • Traditional Labor Courts and Industrial Tribunals under the Industrial Disputes Act are generally not open to managerial or executive employees who are not "workmen". • For non-payment of contractual salary or notice pay, managers typically approach the Civil Court or file a Summary Suit (Order 37 of the Civil Procedure Code) for a faster recovery of liquidated money claims. 3. Recommended Action Plan 1. Send a Formal Legal Notice: Hire an employment or service lawyer to issue a formal legal demand notice to the MNC’s India/Global HR and legal head. Demand your unpaid salary, notice period payout (in lieu of 1 month notice), and full and final settlement (FnF) within 15 days. 2. Approach the State Labor/Wages Authority: File a wage-recovery or grievance complaint with the local State Labor Commissioner or via the online SAMADHAN Portal if your salary falls under statutory wage protection limits. 3. File a Civil Suit / Summary Suit: If the company ignores the legal notice, your lawyer can file a suit for recovery of money in the competent Civil Court.

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Your status depends on whether the law classifies you as a Workman or Manager.

Persons employed mainly in a managerial, administrative, or supervisory capacity (drawing a salary above ₹10,000/month) are excluded from the definition of a "workman" under Section 2(s) of the Industrial Disputes Act.

Courts look at your actual job functions, not just your designation. If you do not have the authority to recruit, approve leaves, take disciplinary action, or manage a team, and your primary role is individual sales execution or clerical promotion, you may argue in court that your designation is "decorative" and that you qualify as a workman.

Gather your appointment letter, employment contract, salary slips, email termination order, performance records, and bank statements showing unpaid salary.

Consult a local labor advocate to draft your Legal Notice and determine the exact provisions under your state's Shops & Establishments Act.

You usually cannot file a direct complaint in Labor Court without first going through the State Labor Department's conciliation process or obtaining a reference order, unless your state's local amendments allow direct application for termination matters.

If conciliation fails, the Labor Department refers the matter to the Labor Court / Industrial Tribunal. The court will determine whether you fall under the definition of a workman and adjudicate your claim for back wages or compensation.

If the Labor Authorities hold that you are strictly in a managerial cadre and outside labor law protection, you can file a Summary Suit under Order 37 of the Civil Procedure Code (CPC) or a civil recovery suit in the competent Civil Court for breach of contract, unpaid salary, and notice period compensation.