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Mukul (owner)     30 April 2014

Where to file a labour case?

Dear All,

I worked with an IT company based in Gurgaon for more than 5 years where I faced a lot of humiliation, harassment, promotion and salary discrepancies, and confinement to some extent which I can prove easily as I migrated all documents, e-mails, screen shots and other conversations or videos to my personal e-mail id.

The company started complaining of my poor performance as I started showing anger to the above issues and finally forced me to resign.

In the last year(2013) I was hospitalized due to severe Kidney pain and subsequently operated upon for two different ailments.

I filed a complaint in Gurgaon labour court (from the hospital itself and through CITU member) and from there, certain challans were issued to them. ( as told to me by the labor inspector, I do not have proof). I was advised to file a demand notice in Gurgaon labour court and a civil case in the civil court of Gurgaon.

Its been 10 months since then and I have now moved to my hometown Bulandshahr (UP) due to no income opportunities. I could not file a case as I did not have any money left.

I was operated upon for kidney ailment and had to be hospitalized for 6 times in ICU in a gap of 2 years and therefore was left with no money to continue the case.

There is also an issue of PF not being deposited to my account for which  I have collected the PF statement from EPFO.

I do not want to pursue the case in Gurgaon now as the court failed to get them appear in the court even in 8 hearings and no strict action was taken. They also refused to accept papers regarding the complaint.

Can anyone guide me if I can file a case from my hometown Bulandshahr as there are lot of expenses I have to bear to go to Gurgaon for matters of hearing?



Learning

 1 Replies

Kumar Doab (FIN)     30 April 2014

If company has an office there you may succeed. Contact a local Labor Consultant/service lawyer.

Medical Expenses: Did company provide Group Insurance? If yes you should have submitted medical bills for reimbursement. If company has not supported then submit bills as per advise of your lawyer for reimbursement. Your lawyer may advise If the disease/treatment  was due to occupational hazards you may succeed even if no medical facility was provided.  If your wages were within wage ceiling as per def. of wages as in ESI Act (currently Rs.15000/month) then you should have been provided with ESI card and you would have got everything. You may go thru ESIC website.

 

PF: Do you have acknowledgment of PF withdrawal forms submitted by you? If yes you may lodge complaint thru RPFC in nearest PF office in writing under proper acknowledgment.

The concerned HR personnel has to attest the PF forms and submit to concerned PF office within 5 days and supply the acknowledgment issued by PF office (for you) to you by effective mode e.g redg post. Demand it. Declinature to attest PF forms is cognizable offence. The RPFC can ask to depute the labor Inspector to get the forms attested. If company has not attested PF forms  you can submit forms attested by BM of your bank thru  RPFC in nearest PF office in writing under proper acknowledgment.

Forced Resignation is offence and can be termed deemed termination.

Persue the case filed in Labor Court Gurgaon and Trade Unions, lawyer/Labor Consultant can appear on your behalf. You may get Ex. party Order. Discuss the matter with your lawyer. All challans should be in court file and you can obtain certified copies. The point is which is appropriate govt. in your case Central/Govt...............................and accordingly you shold file case in State Labor Court or CGIT.

This could be the reason that company did not appear.

 

For recovery of wages you can lodge complaint with Inspector under;

--Payment of Wages Act

--Inspector under Shops and Commercial Establishments Act. Haryana follows Punjab Shops and Commercial Establishments Act.

 

YOU can file complaint u/s 406, 420 and winding up petition in high Court too.

 

Pls discuss the matter in person with local  Labor Consultant/service lawyer before you proceed further.

The enactments and contact details of Labor Officials should be available on website of Dept. of labor Haryana.


Attached File : 60813212 haryana the punjab shops and commercial establishments act and rules.pdf, 60813212 payment of wages act 1936.pdf downloaded: 137 times
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