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.

 

Answer

 

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.

 


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