Dear Sir,
I was working with a Private Limited Company as a General Manager. The company has not paid my salary as well as gratuity. Am I entitled to approach the Labour court to claim my unpaid salary? I approached the Labour Commissioner, and they advised me to approach the NAMDAR COURT for recovery.
Kindly advise.
Thanks and regards,
From India, Mumbai
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I was working with a Private Limited Company as a General Manager. The company has not paid my salary as well as gratuity. Am I entitled to approach the Labour court to claim my unpaid salary? I approached the Labour Commissioner, and they advised me to approach the NAMDAR COURT for recovery.
Kindly advise.
Thanks and regards,
From India, Mumbai
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You cannot approach the labor court if you are not a workman. Your designation "general manager" is immaterial, but the nature of duty is essential to find out if you actually fall within the definition of a workman under the Industrial Disputes Act. If you do not fall under the category of a workman, then you cannot claim outstanding wages/salary from the Labor Court.
For gratuity, you have to approach the controlling authority under the Payment of Gratuity Act, irrespective of your nature of duties. In some states, I think labor courts are also vested with powers to conduct the role of a controlling authority. Please verify the same for your state.
You have to file two separate cases for gratuity and salary.
From India, Kolkata
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260For gratuity, you have to approach the controlling authority under the Payment of Gratuity Act, irrespective of your nature of duties. In some states, I think labor courts are also vested with powers to conduct the role of a controlling authority. Please verify the same for your state.
You have to file two separate cases for gratuity and salary.
From India, Kolkata
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