Can several employees file a case jointly for recovery of dues?
I have not got my 4 months' salary from my previous company even after an year post resigning from there. I was working with Kingfisher training Academy as a Business Development Executive for a year and have been following up with them for the dues but do not get any response from them.
The total amount due to be paid to me is more than Rs. 1 Lac. There are 2 more colleagues of mine who are facing the same issue. What can we do to recover our dues.
Can we file a joint case against the company to recover the amount? Please advise.
If your nature of duties would come within the purview of "workman" irrespective of ostentatious designation adorned upon you, then you can file a case before the authority under the Delhi Shops & Establishment Act (if you are working in Delhi), who is the Deputy Labour Commissioner.
Applicability of the Industrial Disputes Act:
The Industrial Disputes Act extends to whole of India and applies to every industrial establishment carrying on any business, trade, manufacture or distribution of goods and services irrespective of the number of workmen employed therein. Every person employed in an establishment for hire or reward including contract labour, apprentices and part-time employees to do any manual, clerical, skilled, unskilled, technical, operational or supervisory work, is covered by the Act. This Act though does not apply to persons mainly in managerial or administrative capacity,persons engaged in a supervisory capacity and drawing > Rs.10,000 per month or executing managerial functions and persons subject to Army Act, Air Force and Navy Act or those in police service or officer or employee of a prison.
Alternatively, you can file a claim petition before the authority under Payments of Wages Act. A labour court judge is generally designated for this purpose. Or alternatively, you can file an application under Section 33 C(2) of the Industrial Disputes Act.
On the other hand, if your job was of a supervisory nature, you have to give a Legal Notice to the management for payment of financial dues, which include salary arrears, leave encashment etc.
If the management does not respond positively or does not pay in the stipulated time of 15 days, you may file a Civil suit for recovery of financial dues in the relevant Civil court by paying the relevant court fee. Any documentary evidence like communication at the time of resignation will be beneficial and support your cause / case.
The court fee is about 2-2.5% of the amount you are claiming.
While you can file a joint petition for this, we would suggest you file separate petitions to claim individual damages and recoveries.
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