Dear Sir/Madam,
My concern is that my friend is not getting salary for one month and her company terminated her without any information telling she is not required anymore in the company. When she asked them her one month salary they refused to give it to her. But later after 3 months of follow up and reminder to the company she filed a case in labor court. But the MD or any other office staff did not come at the time of hearing for continously 2 times. Than lawyer told her to file a case against them in civil court.
When she sent last email to her company stating she is going to file a case in civil court. Than only MD called her telling we are ready to give you salary but before that you have to send an apology letter to us and close the file from labor court saying company has given you salary and matter is settled down outside court.
As soon you do this we will give you salary.
Please advise shall she close the file or not?
Regards,
DD
From India, Mumbai
My concern is that my friend is not getting salary for one month and her company terminated her without any information telling she is not required anymore in the company. When she asked them her one month salary they refused to give it to her. But later after 3 months of follow up and reminder to the company she filed a case in labor court. But the MD or any other office staff did not come at the time of hearing for continously 2 times. Than lawyer told her to file a case against them in civil court.
When she sent last email to her company stating she is going to file a case in civil court. Than only MD called her telling we are ready to give you salary but before that you have to send an apology letter to us and close the file from labor court saying company has given you salary and matter is settled down outside court.
As soon you do this we will give you salary.
Please advise shall she close the file or not?
Regards,
DD
From India, Mumbai
Hi, Just take the confirmation from her company side that they are agree to give pending salary. Don’t close file before the mutual agreement in presence of lawyer and final settlement.
From India, Mumbai
13From India, Mumbai
Dear Dixit,
There is no mention in your post about the capacity of employment of the affected individual and also whether the pending case before the Labour Court is about the alleged illegal termination of employment or for the recovery of the unpaid salary u/s 33C(2) of the Industrial Disputes Act,1947. The learned Lawyer's advice to file a Civil Suite further in this regard makes the situation incomprehensible. If the case before the Labour Court is against non-employment, well, the management might have adopted the same stand before the Conciliation Officer and as such their continued non-appearance before the Court can be a reasonable ground for setting them ex-parte. Then why the Counsel advised her to institute a civil case? The M.D's gesture, only after receipt of legal notice, insisting an apology as well as withdrawal of the pending case signals the probability that the individual was not a workman under the I.D Act. So it is better to heed the advice of Sum_786.
From India, Salem
There is no mention in your post about the capacity of employment of the affected individual and also whether the pending case before the Labour Court is about the alleged illegal termination of employment or for the recovery of the unpaid salary u/s 33C(2) of the Industrial Disputes Act,1947. The learned Lawyer's advice to file a Civil Suite further in this regard makes the situation incomprehensible. If the case before the Labour Court is against non-employment, well, the management might have adopted the same stand before the Conciliation Officer and as such their continued non-appearance before the Court can be a reasonable ground for setting them ex-parte. Then why the Counsel advised her to institute a civil case? The M.D's gesture, only after receipt of legal notice, insisting an apology as well as withdrawal of the pending case signals the probability that the individual was not a workman under the I.D Act. So it is better to heed the advice of Sum_786.
From India, Salem
Dear Ms. Dixit,
In such case this settlement should be doen in front of layer with mutual understanding. They can make an official agreement stating after releasing her salary she will take her case back.
From India, Mumbai
In such case this settlement should be doen in front of layer with mutual understanding. They can make an official agreement stating after releasing her salary she will take her case back.
From India, Mumbai
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