Free Legal Advice - labour and service laws
Posted by: samrat sarkar
Posted on: 2019-03-20
Since you have already served a notice on the Company, you now need to file a complaint before Labor Commissioner cum Conciliation Officer of the area where you worked. The officer will act as an arbitrator for amicable settlement of the dispute. If no solution is reached, the Labour Commissioner will hand over the matter to the Court, whereby the employee can make an application to the Labour Court under Section 33 (C) of the Industrial Dispute Act, 1947. If the Court is satisfied with this application, it shall issue a certificate for the amount to the Collector who shall proceed to recover the same as an arrear of land revenue. Please make sure that you make such an application within one year from when the money became due to you from the Company. All other benefits such as Provident Funds, capable of being computed in terms of money, shall also be included in the amount to be recovered. If you are an employee above the executive level or a manager and above, you have to file a case against the Company in the Civil Court for compliance of the terms and conditions of your employment contract. And lastly, if you have been personally affected by any of the Company's fraudulent activities, you may be entitled to seek penalty. If it can be proved that the Company was involved in fraudulent activities because of which you weren't paid your salary, then you can intimate the Registrar of Companies of the suspected fraudulent activities of the Company, and subsequent measures shall be taken under section 447 of the Companies Act. You can also file a criminal complaint against the company under the Indian Penal Code.
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