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Monday, 6 March 2017

NON-PAYMENT OF WAGES labour cases


Before you file a case in labour court ,your client has to be one who fits in the definiton of workman under Sec. 2(S) of the Industrial Disputes Act 1947. If he is not a workman, the suit for recovery is to be filed in civil court. You have to file the documents on the basis of which you assert that you are entitled for the amount.  

Sec. 2(S) of the Industrial Disputes Act 1947
[(s) "workman" means any person (including an apprentice employed in any industry to do any manual, unskilled, skilled, technical, operational, clerical or supervisory work for hire or reward, whether the terms of employment be express or implied, and for the purposes of any proceeding under this Act in relation to an industrial dispute, includes any such person who has been dismissed, discharged or retrenched in connection with, or as a consequence of, that dispute, or whose dismissal, discharge or retrenchment has led to that dispute, but does not include any such person-


Read more at: http://www.lawyersclubindia.com/forum/File-a-suit-in-Labour-court-38964.asp



Before filing the Petition in the Labour Court,kindly ensure the following:
1)Proof of Employment:Appointment Letter/EPF Contribution/ESI Contribution/Salary Credit Detail from the 'firm'
2) Send the Reg post Letter to the Director/Proprietor of that firm in brief explanation about your employment and not paying the salary for that months.
3) and then filed the petition in the court consulting the Advocate if not received the positive reply.
Thanks

NON- PAYMENT OF WAGES

A COMPLAINT ABOUT NON-PAYMENT OF WAGES, OR DELAY IN PAYMENT OF WAGES MAY BE SUBMITTED IN THE PRESCRIBED FORM. (See format)
ON RECEIVING THE COMPLAINT A LETTER SHALL BE ISSUED TO BOTH THE PARTIES TO APPEAR BEFORE THE  INSPECTOR ON A SPECIFIED DATE AND TIME TO SETTLE THE MATTER

BOTH THE PARTIES SHALL BE HEARD IN AN UNBIASED MANNER.
IN NORMAL COURSE EFFORTS SHALL BE TAKEN TO PROVIDE RELIEF WITHIN 2 OR 3 WEEKS.

USEFUL TIPS ON LABOUR LAWS  http://www.pcmcindia.gov.in/pdf/lwo_info/4%20-%20labour_laws_138.pdf

http://www.labourlawreporter.com/

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