quesShould my claim in labour court include illegal termination as well?

I made a complaint to the labour court against my illegal termination. My 2 months salary has not been paid by my employer. The Labour Inspector after 8 hearings advised me to file a claim to the authority under Delhi shops and commercial establishment act.

 

Kindly advise whether my claim should contain only the salary part in the labour court or things like termination, money of privilege leave, unemployment etc. has to be included as well? I was working as Sr. Manager.

 

  • ans 

    If you were a Senior Manager and your duties included supervising the staff, then you will not come within the definition of "workman" and as such, labour laws and labour court are not applicable in your case.

     

    While deciding where a person is a workman or not will be decided on the basis of the nature of the job he does and not on the basis of the name of the designation he holds.

     

    Once you ensure that you are not a workman, then the remedy available to you is in the Civil Court. In the Civil Court, you can file a civil suit seeking the recovery of the salary and other monetary dues and also damages for illegal termination of your services.

     

    The Civil Courts generally will not reinstate you in your services as personal contract of service is not enforceable and this reinstatement power lies only with labour courts meant for workmen.

     

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