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labour court case file
4 months ago
i want to file a case in labour court against my company ( which i left in the month of Feb 2023, i worked more than 7 years in this company ) for not providing me my FnF amount and Gratuity amount, i sent multiple reminders for the same but no response.
I want to know shall i file a case in labour court or civil court, also want clarification that salary of more than 25 thousand not consider as labour therefore not able to file a case in labour court or it may reject latter on this basis?
Also how much cost would be involve as a advocate fee apart from court fee.
A.Dear Client,
Considering your situation, it is advisable to file a case in the Labour Court rather than the Civil Court, as labour-related disputes, including non-payment of FnF and Gratuity, fall under the jurisdiction of the Labour Court. The argument that salaries above a certain threshold are not considered labour disputes doesn't hold in this context. Labour laws generally cover employees across various salary levels.
To initiate the process, you may need to first send a legal notice through a labour lawyer, demanding the pending FnF and Gratuity. If there is no response, you can proceed to file a case in the Labour Court. The court fee will be a percentage of the claimed amount and would vary based on your location and the exact amount you are claiming.
Advocate fees can vary based on the complexity of the case, the lawyer's experience, and the location. It's recommended to discuss fees with the lawyer upfront. Many lawyers provide an initial consultation for free or at a nominal charge, allowing you to understand the potential costs involved.
Ensure that you gather all relevant documents and evidence to strengthen your case. Consulting with a labour lawyer will provide you with specific guidance tailored to your situation and jurisdiction.
Thankyou
Considering your situation, it is advisable to file a case in the Labour Court rather than the Civil Court, as labour-related disputes, including non-payment of FnF and Gratuity, fall under the jurisdiction of the Labour Court. The argument that salaries above a certain threshold are not considered labour disputes doesn't hold in this context. Labour laws generally cover employees across various salary levels.
To initiate the process, you may need to first send a legal notice through a labour lawyer, demanding the pending FnF and Gratuity. If there is no response, you can proceed to file a case in the Labour Court. The court fee will be a percentage of the claimed amount and would vary based on your location and the exact amount you are claiming.
Advocate fees can vary based on the complexity of the case, the lawyer's experience, and the location. It's recommended to discuss fees with the lawyer upfront. Many lawyers provide an initial consultation for free or at a nominal charge, allowing you to understand the potential costs involved.
Ensure that you gather all relevant documents and evidence to strengthen your case. Consulting with a labour lawyer will provide you with specific guidance tailored to your situation and jurisdiction.
Thankyou
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A.Dear Client,
The sub-clause (iv) of clause (s) of section 2 of the Industrial Disputes Act, 1947 provides that the persons getting wages exceeding ten thousand rupees per month and (iii) who are employed mainly in a managerial or administrative capacity do not come under the purview of the Act. So, the remedy available to an employee to claim F & Settlement dues from the employer lies under Order XXXVII of the CPC which provides a fast-track legal mechanism for the recovery of money based on written contracts, bills of exchange, promissory notes, and similar documents. It applies to certain courts including High Courts, City Civil Courts, Courts of Small Causes, and others as specified by the High Court. It is a summary suit (Order 37, Code of Civil Procedure) that offers speedy disposal of the suit as here the defendant is not required to defend as a matter of right. The time period for filing a suit for money recovery is 3 years from the date when the cause of action arises. As regards the claim for gratuity, it may be informed that a gratuity must be paid to an employee upon cessation of employment if he or she has rendered continuous service for five years or more, according to Section 4(1) of the Payment of Gratuity Act of 1972. Section 4(2) of the Act provides that for every completed year of service or part thereof in excess of 6 months, the employer shall pay gratuity to an employee at the prescribed rates. In view of the above proposition of law, when you rendered uninterrupted and continuous service for more than five years in an establishment. under the Payment of Gratuity Act, 1972, you are eligible for payment of gratuity by your employer. If the employer denies payment of Gratuity, then apply to the Controlling Authority under the Payment of Gratuity Act and the Asst. Labour Commissioner is concerned about claiming gratuity from the employer. Reach out to an Advocate for guidance and steps.
The sub-clause (iv) of clause (s) of section 2 of the Industrial Disputes Act, 1947 provides that the persons getting wages exceeding ten thousand rupees per month and (iii) who are employed mainly in a managerial or administrative capacity do not come under the purview of the Act. So, the remedy available to an employee to claim F & Settlement dues from the employer lies under Order XXXVII of the CPC which provides a fast-track legal mechanism for the recovery of money based on written contracts, bills of exchange, promissory notes, and similar documents. It applies to certain courts including High Courts, City Civil Courts, Courts of Small Causes, and others as specified by the High Court. It is a summary suit (Order 37, Code of Civil Procedure) that offers speedy disposal of the suit as here the defendant is not required to defend as a matter of right. The time period for filing a suit for money recovery is 3 years from the date when the cause of action arises. As regards the claim for gratuity, it may be informed that a gratuity must be paid to an employee upon cessation of employment if he or she has rendered continuous service for five years or more, according to Section 4(1) of the Payment of Gratuity Act of 1972. Section 4(2) of the Act provides that for every completed year of service or part thereof in excess of 6 months, the employer shall pay gratuity to an employee at the prescribed rates. In view of the above proposition of law, when you rendered uninterrupted and continuous service for more than five years in an establishment. under the Payment of Gratuity Act, 1972, you are eligible for payment of gratuity by your employer. If the employer denies payment of Gratuity, then apply to the Controlling Authority under the Payment of Gratuity Act and the Asst. Labour Commissioner is concerned about claiming gratuity from the employer. Reach out to an Advocate for guidance and steps.
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