Dear All senior,
Please update me for : Can a manager drawing salary of more than 35,000/- go to labour office and made a complaint for his salary.
In my company a Manager made a complaint in Labour office for his salary the labour officer sent to us a notice for this. Although he had done some financial irregularity in duty. please clarify what is law say.
Kind regards
From India, Gurgaon
4Please update me for : Can a manager drawing salary of more than 35,000/- go to labour office and made a complaint for his salary.
In my company a Manager made a complaint in Labour office for his salary the labour officer sent to us a notice for this. Although he had done some financial irregularity in duty. please clarify what is law say.
Kind regards
From India, Gurgaon
Dear Ashok kumar,
Yes.Manager is entitled to claim his salary.
You can request labour officer for extension of time for replying the notice.
Meanwhile, you receive a complaint from concerned dept for his financial iregularity.
You made a chargeshhet and issue Show cause notice to him and conduct the domestic enquiry by appointing legal expert on labour laws.
If you know very well procedures and experience on domestic enquiry, you can conduct a enquiry as an Management representative.
Once his guilty is proved on enquiry, issue a dismissal order to him.
Before dismissing him, you should establish evidence on he is not an "workmen" under the Industrial Disputes Act.Otherwise, he can approach a labour court and get remedy for that.
Simultaneously, you lodge a complaint before police station, if he commits any "cognizable or non-cogninable offence"
Once you start to initiate your action for his financial iregularity.If it relates to misappropriation of company funds/cheating or fraud.
It is easy for you , he will come in your terms.
Regards
D Pannerselvam
9842219133
From India, Mumbai
Yes.Manager is entitled to claim his salary.
You can request labour officer for extension of time for replying the notice.
Meanwhile, you receive a complaint from concerned dept for his financial iregularity.
You made a chargeshhet and issue Show cause notice to him and conduct the domestic enquiry by appointing legal expert on labour laws.
If you know very well procedures and experience on domestic enquiry, you can conduct a enquiry as an Management representative.
Once his guilty is proved on enquiry, issue a dismissal order to him.
Before dismissing him, you should establish evidence on he is not an "workmen" under the Industrial Disputes Act.Otherwise, he can approach a labour court and get remedy for that.
Simultaneously, you lodge a complaint before police station, if he commits any "cognizable or non-cogninable offence"
Once you start to initiate your action for his financial iregularity.If it relates to misappropriation of company funds/cheating or fraud.
It is easy for you , he will come in your terms.
Regards
D Pannerselvam
9842219133
From India, Mumbai
Dear Ashok,
Drawal of salary for duty period and the issue of financial irregularity by any employee are two distinct issues. You cannot withhold salary of the employee for the duty he rendered merely on the plea that he committed a financial irregularity, that too without giving him ample opportunity to defend his case.
If loss is proved on his part, you can separately take disciplinary action against him under the Conduct and Discipline Rules of the organisation to recover the loss through salary of the employee in installments, if he does not deposit in full voluntarily.
From India, Delhi
Drawal of salary for duty period and the issue of financial irregularity by any employee are two distinct issues. You cannot withhold salary of the employee for the duty he rendered merely on the plea that he committed a financial irregularity, that too without giving him ample opportunity to defend his case.
If loss is proved on his part, you can separately take disciplinary action against him under the Conduct and Discipline Rules of the organisation to recover the loss through salary of the employee in installments, if he does not deposit in full voluntarily.
From India, Delhi
Sir,
Thank you very much for your reply, sir, please clarifies that the labour officer have the jurisdiction to entertain his complain or not, since he is being a Manager not a worker.
Kind Regards
Ashok
From India, Gurgaon
Thank you very much for your reply, sir, please clarifies that the labour officer have the jurisdiction to entertain his complain or not, since he is being a Manager not a worker.
Kind Regards
Ashok
From India, Gurgaon
Dear sir,
labour officer is not empowered to entertain the application of manager who is drawing morethan rs.10000 p.m.
Manager will not come under payment of wages act. You can just ignore.
D.gurumurthy
ll.hr & ir consultant
From India, Hyderabad
labour officer is not empowered to entertain the application of manager who is drawing morethan rs.10000 p.m.
Manager will not come under payment of wages act. You can just ignore.
D.gurumurthy
ll.hr & ir consultant
From India, Hyderabad
Dear Gurumurthy,
Irrespective of whether the labour officer is empowered or not, when the Labour Officer has already sent notice, should you suggest the company representative not to present before him to contest the case, even to point out that he was not authorised to entertain the case? We should not be merely theoretical to ignore the realities of life.
From India, Delhi
Irrespective of whether the labour officer is empowered or not, when the Labour Officer has already sent notice, should you suggest the company representative not to present before him to contest the case, even to point out that he was not authorised to entertain the case? We should not be merely theoretical to ignore the realities of life.
From India, Delhi
Dear Mr.Ashok,
Labour officer is a public servant by the defination of various acts like Contract labour act,Minimum Wages Act,Payment of wages Act,Equal remuneration Act,Payment of Bonus Act etc.In all these acts defination of Workmen is different one.But in any case the manager who draws the salary Rs.35000/- does not entitles for any law or act which under the province of labour officer.Hence it is very much clear that Labour officer can not entertain in any of the action by the manager.
These matters are undr the conditions mentioned in the appointment order and the code of discipline of your Organization.Appointment letter is based on Indian Contarct Act and which is a civil matter,Hence this matter can lie befor a CIVIL Court.Here Labour officer is no authority.
But Concening Code of Discipline I am not sure but this may falls undr Ministry of labour and Labour office is the authourity under that.
Expert members please correct if I am wrong.
Mangesh Wakodkar
Aurangabad.
From India, Pune
Labour officer is a public servant by the defination of various acts like Contract labour act,Minimum Wages Act,Payment of wages Act,Equal remuneration Act,Payment of Bonus Act etc.In all these acts defination of Workmen is different one.But in any case the manager who draws the salary Rs.35000/- does not entitles for any law or act which under the province of labour officer.Hence it is very much clear that Labour officer can not entertain in any of the action by the manager.
These matters are undr the conditions mentioned in the appointment order and the code of discipline of your Organization.Appointment letter is based on Indian Contarct Act and which is a civil matter,Hence this matter can lie befor a CIVIL Court.Here Labour officer is no authority.
But Concening Code of Discipline I am not sure but this may falls undr Ministry of labour and Labour office is the authourity under that.
Expert members please correct if I am wrong.
Mangesh Wakodkar
Aurangabad.
From India, Pune
I concur with Mr. P.S. Dhingra. Under no circumstances you can withhold the salary earned for the duty done.
I also concur with Mr. D. Gurumurthy to the effect that “Labour Officer is not empowered to entertain the application of manager who is drawing more than rs.10000 p.m.”
But I beg to disagree with him about “Manager will not come under payment of wages act. You can just ignore.”
Labour Officer performs Quasi-judicial proceedings and non-compliance of his summon/notice can result into an ex-parte order, which the company cannot escape and land itself into a bigger trouble. It is always better to present before the notice issuing authority at the initial stages and get your point through and get the case dismissed at that level only through a speaking order in your favour.
From India, Chandigarh
I also concur with Mr. D. Gurumurthy to the effect that “Labour Officer is not empowered to entertain the application of manager who is drawing more than rs.10000 p.m.”
But I beg to disagree with him about “Manager will not come under payment of wages act. You can just ignore.”
Labour Officer performs Quasi-judicial proceedings and non-compliance of his summon/notice can result into an ex-parte order, which the company cannot escape and land itself into a bigger trouble. It is always better to present before the notice issuing authority at the initial stages and get your point through and get the case dismissed at that level only through a speaking order in your favour.
From India, Chandigarh
Mr.Ashok
Mr.Dhingra has suggested correct approach. When you recieve a notice from the labour officer, you can not remain silent on it. You need to respond to it, failing which the Labour Officer may conclude that you have admitted the fact and conduct an ex-parte proceeding and proceed with further action.Therefore, as Mr.Dhingra suggested, you need to contest the claim of the so called manager contending that the labour officer has no jurisdiction to issue the notice since the manager is not a workman, if you are sure that he is not a workman. Now the issue does not end here.
First you should know whether the said Manger has approached the Labour Officer under the Industrial Disputes Act 1947 or under the Shops and Establishments Act of your State. It is pertinent to mention here that an employee whether a workman or a manager can pursue remedies under shops Acts. The Shops Acts of some States, it appears,have empowered authorities to determine issues of this nature. Therefore you cannot jump to a conclusion as to the jurisdiction of Labour Officer.
Even under the Industrial Disputes Act also, it does not mean that merely because, an employee draws Rs.35000/- and disignated as Manager, he ceases to be a workman.Therefore first, reply to the notice of the Labour Officer.
B.Saikumar
HR & labour Law Advisor
MumBai
From India, Mumbai
Mr.Dhingra has suggested correct approach. When you recieve a notice from the labour officer, you can not remain silent on it. You need to respond to it, failing which the Labour Officer may conclude that you have admitted the fact and conduct an ex-parte proceeding and proceed with further action.Therefore, as Mr.Dhingra suggested, you need to contest the claim of the so called manager contending that the labour officer has no jurisdiction to issue the notice since the manager is not a workman, if you are sure that he is not a workman. Now the issue does not end here.
First you should know whether the said Manger has approached the Labour Officer under the Industrial Disputes Act 1947 or under the Shops and Establishments Act of your State. It is pertinent to mention here that an employee whether a workman or a manager can pursue remedies under shops Acts. The Shops Acts of some States, it appears,have empowered authorities to determine issues of this nature. Therefore you cannot jump to a conclusion as to the jurisdiction of Labour Officer.
Even under the Industrial Disputes Act also, it does not mean that merely because, an employee draws Rs.35000/- and disignated as Manager, he ceases to be a workman.Therefore first, reply to the notice of the Labour Officer.
B.Saikumar
HR & labour Law Advisor
MumBai
From India, Mumbai
Labour officer has no jurisdiction to entertain the complaint.However your reply should clearly state that without prejudice to your rights to deal with the matter,he may be posted with the facts and he should be informed that the matter will be dealt with as per the employment Rules. Principles of natural justice demand that show cause notice should be given and if reply is not satisfactory domestic inquiry should be conducted and employee should be given full opportunity to defend his case and thereafter, punishment can be meted out, if charge is proved.
From India, Raurkela
From India, Raurkela
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Gratuity Form N- seeking intervention of Labour Officer.pdf