Work money not paid
2 weeks ago
I had worked in a company in delhi for 3 years. In the second year due to an argument wd boss who was not paying me on time and delaying salary by over a month , He gave me a one month notice and asked me to leave from his company as soon as one month notice (as given by company owner on mail ) gets expired. However after 15 days the wife of boss (who was handling finances of same company) convinced both of us that i will be allowed to continue my services and they will try to pay salary by only delay of a week to 10 days late salary, to which i agreed. But NO reverse mail was sent to me which should have mentioned that the termination mail earlier sent to me was thus null & void. After a year from my termination, during which period i continued working in the same company & receiving my salary for about a year, but was delayed now by over 2 months. Their commitment of providing salary just a week delay got extended to 2 months and over. After which all my humble requests failed and i stopped going to the office. I placed a complaint 2 years later (becoz of covid - got delayed) unfortunately in labour court bcoz i didnt know that this was a civil matter. Now currently case is still running in labour court for last 3 years and company is saying they will cut my one month salary due to non providance of 30 day notice before resigning, as per company rules, Whereas i had already been terminated before. But have proof that i had worked there for month of june, july and 3/4 days of August. Kindly advise should i withdraw the case from here and file again in civil court or wait here for outcome which i dont think i will get any.
A.Dear Sir
Please approach the following authority or similar authority in a state
The Office Commissioner of Labour
Karmika Bhavan, Dairy Circle,
Section 12 in The Industrial Disputes Act, 1947
12. Duties of conciliation officers.- (relevant section 12(2) of ID Act)
(1) Where any industrial dispute exists or is apprehended, the conciliation officer may, or where the dispute relates to a public utility service and a notice under section 22 has been given, shall hold conciliation proceedings in the prescribed manner.
(2) The conciliation officer shall, for the purpose of bringing about a settlement of the dispute, without delay, investigate the dispute and all matters affecting the merits and the right settlement thereof and may do all such things as he thinks fit for the purpose of inducing the parties to come to a fair and amicable settlement of the dispute.
(3) If a settlement of the dispute or of any of the matters in dispute is arrived at in the course of the conciliation proceedings the conciliationofficer shall send a report thereof to the appropriate Government 1 or an officer authorised in this behalf by the appropriate Government] together with a memorandum of the settlement signed by the parties to the dispute.
(4) If no such settlement is arrived at, the conciliation officer shall, as soon as practicable after the close of the investigation, send to the appropriate Government a full report setting forth the steps taken by him for ascertaining the facts and circumstances relating to the dispute and for bringing about a settlement thereof, together with a full statement of such facts and circumstances, and the reasons on account of which, in his opinion, a settlement could not be arrived at.
(5) If, on a consideration of the report referred to in sub- section (4), the appropriate Government is satisfied that there is a case for reference to a Board, 2 Labour Court, Tribunal or National Tribunal,] it may make such reference. Where the appropriate Government does not make such a reference it shall record and communicate to the parties concerned its reasons therefor.
(6) A report under this section shall be submitted within fourteen days of the commencement of the conciliation proceedings or within such shorter period as may be fixed by the appropriate Government: 3 Provided that, 4 subject to the approval of the conciliation officer,] the time for the submission of the report may be extended by such period as may be agreed upon in writing by all the parties to the dispute.]
A dispute between an employer and an employee is entertained by a Labour Court/Industrial Tribunal and resolved under the Industrial Disputes Act, 1947 provided the employee is a workman as defined under Sec.2(s) of the I D Act. The Hon'ble Bombay High Court in the case of Godrej and Boyce Manufacturing Company Ltd. v. Shivkranti Kamgar Sanghatana, 2024 SCC OnLine Bom 938, decided on 28-03-2024 ruled out that the nature of duties and functions is the determining factor in ascertaining ‘workman’ under S. 2(s) of Industrial Disputes Act, 1947, Under Sec.2(s) of the Act an employee is a workman so long he is not holding a position of Manager or Administrative officer in am establishment. In the query once you are saying that this is a civil matter and your dispute is still pending before the Labour Court. It means that had you not been considered as a workman under the Act and the dispute is not an industrial dispute, the Labour Court might have dismissed your case on the grounds of maintainability. So when your case is still pending before the Labour Court, you can still hope for a favourable order from the Court provided you defend and prove your claim before the Court. Reach out to an Advocate experienced in service and labour court matters for guidance and steps to access a favourable order in the dispute, because the action of your employer, prima facie appears to be a case of unfair labour practices as defined u/s.2(ra) of the Industrial Disputes Act, 1947.
This is a very tricky situation. Technically speaking there must have been a documentation of you resuming work after your first email and you continuing working there makes it unofficial since termination was neither accepted nor denied, If the labour court said that you have no jurisdiction in the said matter they can continue to hear your case.
This is a very tricky situation. Technically speaking there must have been a documentation of you resuming work after your first email and you continuing working there makes it unofficial since termination was neither accepted nor denied, If the labour court said that you have no jurisdiction in the said matter they can continue to hear your case. Please consult an expert on the matter.Thank You
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