Mohinder Singh Kamboj 17 September 2025
Can a manager of a private life insurance company file a cwp for violation of his fundamental right, the right to equality for Being denied his yearly bonuses amounting to 35 lakh. That was otherwise paid to all other employees in the organization that was due as on 31st March and paid to all on 30 may 2025 except him. Being denied his bonuses he resigned on 6th June and joined another company on 7 June 2025.
Dr. J C Vashista (Advocate ) 18 September 2025
Whether all other (departmental) options availed by the Manager even than he is not being paid ?
Pay & allowance, bonus etc. do not fall in the catagory of "Fundamental Rights" of a citizen , which are being protacted by law.
T. Kalaiselvan, Advocate (Advocate) 18 September 2025
An employee of a private insurance company can potentially file a writ petition against their employer for non-payment of dues, especially if the employer is performing a public function and has a public duty to fulfill. However, it's generally more common to file a claim in a Labour Court under the Industrial Disputes Act, 1947 (if applicable)or a civil suit in a Civil Court for contractual dues. A writ petition is a more extraordinary remedy for enforcing public duties and may be applicable if the insurance company's actions are viewed as a dereliction of such a duty.
R.K Nanda (Advocate) 18 September 2025
First send legal notice to your company to pay your dues asap failing which you can file writ petition in high court.
P. Venu (Advocate) 22 September 2025
An advocate notice followed by a civil action is the better option.
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