MD forced me to resign. Withheld salary. Where can i file my case?
My 2 months (July & Aug’13) salary has been withheld. Before doing so, the managing director has threatened me to resign on email under cc to the other director and his aide. This was on receiving MCD Notice for their illegal advertisements hoardings.
After 2 months verbally over phone I have been asked to leave office premises immediately. Do I have a right to put my case under Prevention of Human Rights Com? L.C-8 hearings advised me to file claim before DLC under Delhi Shop & CE.
If you are a workman, for recovery of your salary dues, you can file a claim under the 'Shops and Establishment Act' before the Deputy Labour Commissioner or before Labour Court under Section 33 C(2) of the Industrial Disputes Act, or a petition before the Authority under the payment of Wages Act (in some cases it is DLC or in some States it is one of the labour courts).
If your grievance extends to illegal termination, then you may file a complaint petition before the Assistant Labour Commissioner and after he holds a mediation, he will refer the matter to the labour court for trial against illegal termination.
We do not see much merit to allow your case under the Prevention of Human Rights, as your grievance primarily is about injustice imparted to you by your employer and comes under the ambit of labour and employment laws.
- Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Labour & Service Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
Get Started >>
Answers by Our Lawyers
- What is the procedure to the land regularized under LRS Scheme
- Nuisance by the steel factory what can I do
- Salary dues not cleared. Can I file case in Hometown?
- Not happy with the judgement passed by dubai court can I file here
- Landlord filed a eviction petition against me