Actually My Ex-employer is not giving following things 1. last month salry 2. Form16 3. PF amount Can anyone send me the procedure to file a case in labor court Thanks, Mahesh
From India
Acknowledge(0)
Amend(0)
1From India
Acknowledge(0)Amend(0)
Dear mahesh, Deal with yours city labor law office and meet with labor law officer which guide you the whole procedure,after that you file your case. Regards dev
From India, Ludhiana
Acknowledge(0)Amend(0)
From India, Ludhiana
Acknowledge(0)Amend(0)
Dear Mr. Mahesh,
If the employer has not paid your salary for more than 2 months, then he is entitled to get relief under the Payment of Wages Act, 1936. You can file a claim before the labor commissioner for non/delayed payments in all three cases above (as specified by you). You have to claim to ensure the case before the jurisdiction in the area where the employer is located.
From India, Visakhapatnam
Acknowledge(0)Amend(0)
If the employer has not paid your salary for more than 2 months, then he is entitled to get relief under the Payment of Wages Act, 1936. You can file a claim before the labor commissioner for non/delayed payments in all three cases above (as specified by you). You have to claim to ensure the case before the jurisdiction in the area where the employer is located.
From India, Visakhapatnam
Acknowledge(0)Amend(0)
Dear Mahesh,
First, confirm whether you fall within the definition of "workman" as given in the Industrial Disputes Act, 1948. Your query does not specify your designation nor your salary; these two factors count while deciding whether you are a "workman" or otherwise.
Do not approach the Labour Court directly; first, file a complaint in the Labour office, which will help/guide you.
Best of luck.
From India, Pune
Acknowledge(0)Amend(0)
First, confirm whether you fall within the definition of "workman" as given in the Industrial Disputes Act, 1948. Your query does not specify your designation nor your salary; these two factors count while deciding whether you are a "workman" or otherwise.
Do not approach the Labour Court directly; first, file a complaint in the Labour office, which will help/guide you.
Best of luck.
From India, Pune
Acknowledge(0)Amend(0)
I have been working in a private limited company for the past 7.8 years. However, the company has terminated me without any notice or reason, and they are denying to pay my gratuity, bonus, and salary.
I would appreciate it if you could advise me on what actions I should take against my employer.
Acknowledge(0)Amend(0)
I would appreciate it if you could advise me on what actions I should take against my employer.
Acknowledge(0)Amend(0)
I am working in a private company, specifically a car showroom, where my role is that of a relationship manager. However, my primary responsibility is to sell Maruti premium cars (Maruti NEXA). Recently, my General Manager withheld my last month's salary and instructed me not to come to the office. Despite this, he has neither terminated my employment nor have I resigned. The company provided me with an Apple tablet, which I have not yet returned. I have informed the HR department that my salary should be released only after I have returned all company belongings. Additionally, I performed well last month.
From India, Mumbai
Acknowledge(0)Amend(0)
From India, Mumbai
Acknowledge(0)Amend(0)
Sir, I am working at M/S Tarapore & Co. for the past seven years up to the present date. However, I am receiving wages lower than the minimum wages set by the government of Jharkhand. I work here for 10 hours per day and only receive Rs. 7300 per month as basic wages. It is important to note that I work as a computer operator within Tata Steel (Works) under the company M/S Tarapore & Co. Despite numerous requests to the management, no action has been taken.
Please advise or, if possible, forward my request to the Labour department in Delhi Central. It is worth mentioning that all Labour department and PF Commissioner Mr. Abhishekh are associated with our company Tarapore, which provides various facilities to the PF department. I kindly request urgent attention to this matter and seek assurance that my service will not be affected by bringing this issue to your attention.
From India, Jamshedpur
Acknowledge(0)Amend(0)
Please advise or, if possible, forward my request to the Labour department in Delhi Central. It is worth mentioning that all Labour department and PF Commissioner Mr. Abhishekh are associated with our company Tarapore, which provides various facilities to the PF department. I kindly request urgent attention to this matter and seek assurance that my service will not be affected by bringing this issue to your attention.
From India, Jamshedpur
Acknowledge(0)Amend(0)
From the facts stated by you, it seems you are a contractor employee (Tarapore & Co) and you are deployed at Tata Steel. If you are getting less than the prescribed rate of minimum wages applicable in your state, then you have to write to your contractor, including the principal employer. If the wage is not increased and arrears/dues are not paid, you can lodge a complaint before the Labour Department, intimating the violation of the minimum wages notification (there is a minimum wages inspector too).
Regarding working hours, check the Shops and Establishment Act. In West Bengal, it is a maximum of 48 hours in a week. You can also lodge a complaint against this. You are also entitled to overtime if you have worked for more than the prescribed hours of work.
There is no need to file any complaint in Delhi since your jurisdiction falls within the state of Jharkhand.
Check my blog at www.labourlawhub.com
From India, Kolkata
Acknowledge(0)Amend(0)
Regarding working hours, check the Shops and Establishment Act. In West Bengal, it is a maximum of 48 hours in a week. You can also lodge a complaint against this. You are also entitled to overtime if you have worked for more than the prescribed hours of work.
There is no need to file any complaint in Delhi since your jurisdiction falls within the state of Jharkhand.
Check my blog at www.labourlawhub.com
From India, Kolkata
Acknowledge(0)Amend(0)
Dear Sir,
I was working as a Branch Account Officer in Kanpur from 27.02.2012. In February 2016, I resigned from my post, but due to the director's numerous calls and assurance of a salary hike, I cancelled my resignation. However, on July 1st, the company transferred me to Firozabad, which I expressed was not possible for me to relocate to. After 15 to 20 days, the company sent me a termination email.
I am now unsure of what to do. There was no mention of a transfer clause in my appointment letter, and as I did not complete a full five years, they are denying me any gratuity or salary post my last working day. I feel deceived and uncertain of my next steps against the company.
Thanks & Regards,
Sudip Nigam
Mob. 9721077755
From India, Kanpur
Acknowledge(0)Amend(0)
I was working as a Branch Account Officer in Kanpur from 27.02.2012. In February 2016, I resigned from my post, but due to the director's numerous calls and assurance of a salary hike, I cancelled my resignation. However, on July 1st, the company transferred me to Firozabad, which I expressed was not possible for me to relocate to. After 15 to 20 days, the company sent me a termination email.
I am now unsure of what to do. There was no mention of a transfer clause in my appointment letter, and as I did not complete a full five years, they are denying me any gratuity or salary post my last working day. I feel deceived and uncertain of my next steps against the company.
Thanks & Regards,
Sudip Nigam
Mob. 9721077755
From India, Kanpur
Acknowledge(0)Amend(0)
Transfer is a condition of service, and you cannot deny it as long as such a clause is mentioned in your letter of appointment. In your case, it is not, and as such, the transfer shall be deemed to have been a bad transfer.
Please demand in writing before your company for reinstatement. If they deny, you have to raise the dispute before the Labour Commissioner and thereafter you can file a case before the Labour Court.
From India, Kolkata
Acknowledge(0)Amend(0)
Please demand in writing before your company for reinstatement. If they deny, you have to raise the dispute before the Labour Commissioner and thereafter you can file a case before the Labour Court.
From India, Kolkata
Acknowledge(0)Amend(0)
Dear sir,
I worked with Ms. Simon Shipping Pvt. Ltd. from 30th November to 31st August as a sales manager, classified as a C-grade employee. I left this company due to harassment; they forced me to work late nights until 9 o'clock, and the start time in the morning was 9:45. If I arrived a single minute late, they would deduct half of my day's salary. Ultimately, I decided to resign. After receiving a call from the director, Ms. Sheena, assuring me that such incidents would not occur again, I decided to continue with my job. Unfortunately, she failed to keep her commitment, and further harassment ensued. They are now refusing to release my last month's salary (August) and have ignored my requests for a relieving letter and my provident fund. Despite sending several emails, I have not received any response. Please advise me on how to recover my salary, provident fund, and relieving letter.
Thank you.
From India, Mumbai
Acknowledge(0)Amend(0)
I worked with Ms. Simon Shipping Pvt. Ltd. from 30th November to 31st August as a sales manager, classified as a C-grade employee. I left this company due to harassment; they forced me to work late nights until 9 o'clock, and the start time in the morning was 9:45. If I arrived a single minute late, they would deduct half of my day's salary. Ultimately, I decided to resign. After receiving a call from the director, Ms. Sheena, assuring me that such incidents would not occur again, I decided to continue with my job. Unfortunately, she failed to keep her commitment, and further harassment ensued. They are now refusing to release my last month's salary (August) and have ignored my requests for a relieving letter and my provident fund. Despite sending several emails, I have not received any response. Please advise me on how to recover my salary, provident fund, and relieving letter.
Thank you.
From India, Mumbai
Acknowledge(0)Amend(0)
Hi, I'm Raghu, and I'm working for PRIVATE LIMITED as a sales manager in Karnataka for the LED TV division. I joined the company on 11/07/2016, and on 28/9/2016, the Company shifted to the mobile business through mail confirmation. On 25/10/2016, they sent me a termination email stating that the LED business had been shut down, and they no longer required my services, giving me time until 31/10/2014. I requested one month's time or one month's salary as compensation, but the company disagreed and is now asking me to send a resignation email to HR. A month ago, the company moved me to the Mobile division, but the termination email states that I was removed from the LED division.
I would like to request your advice on whether I can file a complaint with the labor commission. Please suggest as there are no openings anywhere.
From India, Bengaluru
Acknowledge(0)Amend(0)
I would like to request your advice on whether I can file a complaint with the labor commission. Please suggest as there are no openings anywhere.
From India, Bengaluru
Acknowledge(0)Amend(0)
Almost all the posts in this thread relate to illegal termination of employment of supervisory and managerial cadre employees. This is indicative of the callous attitude of certain employers in the matter of dispensing with the services of either such unwanted or redundant employees because of their limited and time-consuming legal redressal.
If the victims belong to the category of workman as defined under Section 2(s) of the Industrial Disputes Act, 1947, they have a relatively speedier and efficacious remedy against such illegal termination under Section 2-A of the Act by approaching the Conciliation machinery first and then the Labour Courts.
When they escape the ambit of the above definition because of the predominant nature of their employment, except in the case of their being persons employed in Shops and Establishments, only Civil remedy is available to them. No doubt that it is a long-drawn battle; the Civil Court can declare the orders of termination as violative of the contract of employment and hence illegal. The court can direct the employer to pay damages and nothing more. It requires, of course, necessary wherewithal, firm resolve, and a lot of patience.
From India, Salem
Acknowledge(0)Amend(0)
If the victims belong to the category of workman as defined under Section 2(s) of the Industrial Disputes Act, 1947, they have a relatively speedier and efficacious remedy against such illegal termination under Section 2-A of the Act by approaching the Conciliation machinery first and then the Labour Courts.
When they escape the ambit of the above definition because of the predominant nature of their employment, except in the case of their being persons employed in Shops and Establishments, only Civil remedy is available to them. No doubt that it is a long-drawn battle; the Civil Court can declare the orders of termination as violative of the contract of employment and hence illegal. The court can direct the employer to pay damages and nothing more. It requires, of course, necessary wherewithal, firm resolve, and a lot of patience.
From India, Salem
Acknowledge(0)Amend(0)
Dear Sir/Madam,
My first company has not released my Full and Final (FNF) amount, which includes my 1.5 months' salary, reimbursement amount, and 10 PL encashment. It has been more than 1.5 years, and I have been following up with them regularly, but I keep receiving promises with no results.
Kindly advise on how to proceed with filing a case against the employer for not paying my FNF. (Company location - Ghaziabad)
Regards,
Nidhi Sharma
From India, Noida
Acknowledge(0)Amend(0)
My first company has not released my Full and Final (FNF) amount, which includes my 1.5 months' salary, reimbursement amount, and 10 PL encashment. It has been more than 1.5 years, and I have been following up with them regularly, but I keep receiving promises with no results.
Kindly advise on how to proceed with filing a case against the employer for not paying my FNF. (Company location - Ghaziabad)
Regards,
Nidhi Sharma
From India, Noida
Acknowledge(0)Amend(0)
Surely, you can file a case if you are a 'workman' as you have more options. However, before proceeding, details such as your nature of job, tenure of service, type of company with the number of employees, and specifics of outstanding salary including reimbursement, are required to be considered.
From India, Kolkata
Acknowledge(0)Amend(0)
From India, Kolkata
Acknowledge(0)Amend(0)
Hi guys. I was working in an office called Sai Associates, and I haven't received my salary for 3 months. If I ask for my salary, he is scolding me. How can I file a case against him? Please help me. I am not rich at all. Please help.
From India, Coimbatore
Acknowledge(0)Amend(0)
From India, Coimbatore
Acknowledge(0)Amend(0)
Demand the salary in writing and send it through registered with A/d post. Withholding salary is illegal and attracts penalty and interest.
From India, Kolkata
Acknowledge(0)Amend(0)
From India, Kolkata
Acknowledge(0)Amend(0)
Respected Sir,
I am working for the Spiritual Organization, the organization's name is State Baha'i Council of West Bengal. My name is Sanjay Mandal, S/O - Late Gajal Mandal. I would like to draw your kind attention to the following facts for your consideration and justice. On 6th August 2016, I was invited to a meeting of the State Baha'i Council of West Bengal, and I was suddenly informed that the council had made a policy for me. This policy states that my service will be completed on 31st March 2017, as per the council's decision for a one-year term. If deemed necessary, the council may extend it for another year until 31st March 2018.
In this connection, I would like to provide some information for your kind cooperation:
During the 1st week of March 2006, the Secretary of the council offered me the opportunity to work on statistical tasks. Following my positive consent, an interview was conducted in the presence of all council members. Immediately, one council member mentioned that if I perform well, I could serve indefinitely; otherwise, termination could occur after three months.
I must clarify that this was a verbal agreement, and I commenced work on 10th March 2006, after resigning from my previous employer. Since then, I have dedicated 11 valuable years of my life to this role.
I have diligently served as the State Statistical Officer with sincerity, devotion, and dedication. However, upon learning about the council's policy, I have been experiencing sleepless nights, anxiety-filled days, and a distracted mind, affecting my ability to serve effectively and provide for my family.
Had I been aware of this policy from the beginning, I would have made different arrangements. Being informed after 11 years by the honorable council has caused me considerable distress.
I humbly request your intervention to support my family in this time of need. The council's decision to offer a one-year contract has plunged me into deep depression. At this stage of my career, finding new employment in the competitive landscape of West Bengal after the contract expires would be extremely challenging, leading to an uncertain and troubling future.
Therefore, I implore you to consider my appeal to continue my service without the constraints of a one-year contractual policy. Your understanding and assistance would be greatly appreciated, and it would provide significant relief and support to my family. I have no intention of disregarding any decision made by you.
I trust that you will give my plea due consideration.
With warm regards,
Sanjay Mandal
From India, Kolkata
Acknowledge(0)Amend(0)
I am working for the Spiritual Organization, the organization's name is State Baha'i Council of West Bengal. My name is Sanjay Mandal, S/O - Late Gajal Mandal. I would like to draw your kind attention to the following facts for your consideration and justice. On 6th August 2016, I was invited to a meeting of the State Baha'i Council of West Bengal, and I was suddenly informed that the council had made a policy for me. This policy states that my service will be completed on 31st March 2017, as per the council's decision for a one-year term. If deemed necessary, the council may extend it for another year until 31st March 2018.
In this connection, I would like to provide some information for your kind cooperation:
During the 1st week of March 2006, the Secretary of the council offered me the opportunity to work on statistical tasks. Following my positive consent, an interview was conducted in the presence of all council members. Immediately, one council member mentioned that if I perform well, I could serve indefinitely; otherwise, termination could occur after three months.
I must clarify that this was a verbal agreement, and I commenced work on 10th March 2006, after resigning from my previous employer. Since then, I have dedicated 11 valuable years of my life to this role.
I have diligently served as the State Statistical Officer with sincerity, devotion, and dedication. However, upon learning about the council's policy, I have been experiencing sleepless nights, anxiety-filled days, and a distracted mind, affecting my ability to serve effectively and provide for my family.
Had I been aware of this policy from the beginning, I would have made different arrangements. Being informed after 11 years by the honorable council has caused me considerable distress.
I humbly request your intervention to support my family in this time of need. The council's decision to offer a one-year contract has plunged me into deep depression. At this stage of my career, finding new employment in the competitive landscape of West Bengal after the contract expires would be extremely challenging, leading to an uncertain and troubling future.
Therefore, I implore you to consider my appeal to continue my service without the constraints of a one-year contractual policy. Your understanding and assistance would be greatly appreciated, and it would provide significant relief and support to my family. I have no intention of disregarding any decision made by you.
I trust that you will give my plea due consideration.
With warm regards,
Sanjay Mandal
From India, Kolkata
Acknowledge(0)Amend(0)
Respected Sir,
I am working for a Spiritual Organization named the State Baha'i Council of West Bengal. My name is Sanjay Mandal, Son of Late Gajal Mandal. I would like to draw your kind attention to the following facts for your consideration and justice. On 6th August 2016, I was invited to a meeting of the State Baha'i Council of West Bengal, where I was informed that the council had established a policy regarding my service. According to this policy, my service was to conclude on 31st March 2017, with the possibility of extension for another year until 31st March 2018 at the council's discretion.
I would like to provide some information in connection with this matter:
In the first week of March 2006, the Secretary of the council offered me a position for Statistical work. Following my agreement, an interview was conducted in the presence of all council members, during which one member mentioned that if I performed well, I could have a permanent position; otherwise, termination would occur after three months.
I must clarify that this was a verbal agreement, and I commenced my duties on 10th March 2006, after resigning from my previous employment. Since then, I have dedicated 11 valuable years of my life to this role. I have worked diligently and with utmost dedication as the State Statistical Officer.
Upon learning about the council's policy, I have been experiencing sleepless nights and anxiety, which have affected my ability to serve effectively. I am concerned about how I will support my family under these circumstances.
Had I been made aware of this policy from the beginning, I would have made different arrangements. However, receiving this news after 11 years has caused me considerable distress.
I humbly request your assistance in safeguarding my family's well-being. The council's decision to offer a one-year contract has greatly impacted me. At this stage in my career, finding alternative employment in the competitive job market of West Bengal would be challenging. This uncertainty about my future is causing me significant stress.
Therefore, I implore you to reconsider the one-year contractual basis of my service. Your support would be invaluable to me and my family. I trust that you will act justly in this matter.
I sincerely hope that my plea will be considered.
With warm regards,
Sanjay Mandal
From India, Kolkata
Acknowledge(0)Amend(0)
I am working for a Spiritual Organization named the State Baha'i Council of West Bengal. My name is Sanjay Mandal, Son of Late Gajal Mandal. I would like to draw your kind attention to the following facts for your consideration and justice. On 6th August 2016, I was invited to a meeting of the State Baha'i Council of West Bengal, where I was informed that the council had established a policy regarding my service. According to this policy, my service was to conclude on 31st March 2017, with the possibility of extension for another year until 31st March 2018 at the council's discretion.
I would like to provide some information in connection with this matter:
In the first week of March 2006, the Secretary of the council offered me a position for Statistical work. Following my agreement, an interview was conducted in the presence of all council members, during which one member mentioned that if I performed well, I could have a permanent position; otherwise, termination would occur after three months.
I must clarify that this was a verbal agreement, and I commenced my duties on 10th March 2006, after resigning from my previous employment. Since then, I have dedicated 11 valuable years of my life to this role. I have worked diligently and with utmost dedication as the State Statistical Officer.
Upon learning about the council's policy, I have been experiencing sleepless nights and anxiety, which have affected my ability to serve effectively. I am concerned about how I will support my family under these circumstances.
Had I been made aware of this policy from the beginning, I would have made different arrangements. However, receiving this news after 11 years has caused me considerable distress.
I humbly request your assistance in safeguarding my family's well-being. The council's decision to offer a one-year contract has greatly impacted me. At this stage in my career, finding alternative employment in the competitive job market of West Bengal would be challenging. This uncertainty about my future is causing me significant stress.
Therefore, I implore you to reconsider the one-year contractual basis of my service. Your support would be invaluable to me and my family. I trust that you will act justly in this matter.
I sincerely hope that my plea will be considered.
With warm regards,
Sanjay Mandal
From India, Kolkata
Acknowledge(0)Amend(0)
What is your exact query? Please provide factual details of incident and be short and to the point with your query.
From India, Kolkata
Acknowledge(0)Amend(0)
From India, Kolkata
Acknowledge(0)Amend(0)
Dear sirs,
I was terminated by our employer without any warning letter and was assigned non-performance. I have worked there as an HR Manager for more than 4 months. He is withholding my last month's payment. Can I lodge a complaint to the labour court? Please suggest and guide me on how to recover my legal dues.
Thanks,
Xx
From India, Delhi
Acknowledge(0)Amend(0)
I was terminated by our employer without any warning letter and was assigned non-performance. I have worked there as an HR Manager for more than 4 months. He is withholding my last month's payment. Can I lodge a complaint to the labour court? Please suggest and guide me on how to recover my legal dues.
Thanks,
Xx
From India, Delhi
Acknowledge(0)Amend(0)
Since your designation is HR manager, I assume that by the nature of your duties, you will not fall within the scope and ambit of 'workman' under the ID Act. Hence, you cannot approach the labor court/industrial tribunal.
From India, Kolkata
Acknowledge(0)Amend(0)
From India, Kolkata
Acknowledge(0)Amend(0)
I have resigned from my previous company, and after a month, they sent me a notice that I have to pay thrice my salary, which is around 1 Lac. My resignation has been accepted by the employer, yet they continue to send me notices for the money.
I had signed an affidavit with my company, and the Terms and Conditions include a clause stating that we must serve a three-month notice period. However, they did not mention the notice period in my resignation, which they accepted. I have handed over my I-Card and all accessories.
My main concern now is that I want to resolve this situation as I am currently working in an MNC and do not want to risk losing my job.
From India, Babarpur
Acknowledge(0)Amend(0)
I had signed an affidavit with my company, and the Terms and Conditions include a clause stating that we must serve a three-month notice period. However, they did not mention the notice period in my resignation, which they accepted. I have handed over my I-Card and all accessories.
My main concern now is that I want to resolve this situation as I am currently working in an MNC and do not want to risk losing my job.
From India, Babarpur
Acknowledge(0)Amend(0)Looking for something specific? - Join & Be Part Of Our Community and get connected with the right people who can help. Our AI-powered platform provides real-time fact-checking, peer-reviewed insights, and a vast historical knowledge base to support your search.
Kerala High Court Stay_ Payment of Bonus (Act) Amendment.jpg
Case study - HR and technology for better Employee relations.pdf