Procedure to recover salary dues after being temporarily terminated

501 votes

If your employer is not paying your salary, you can get these remedies.

A) Approach Labour Commissioner:

If an employer doesn’t pay up your salary, you can approach the labour commissioner. They will help you to reconcile this matter and if no solution is reached labour commissioner will hand over this matter to the court whereby a case against your employer may be pursued.

B) Industrial Dispute Act:

An employee can file a suit under Section 33(c) of Industrial Dispute Act, 1947 recovery of money due from an employer.
When the salary is due from the employer, the employee himself or any other person authorized by him in writing on his behalf can claim recover money.
In case of the employee death, the authorized person or heirs make an application to the labour court for recovery of money due.
The court will further issue a certificate on being satisfied that the salary is due and the collector shall proceed to recover the same.
If any question arises as to the amount of money due or as to the amount at which such benefit should be computed, it would be computed according to rules under this Act.

Advocate Gowaal Padavi LawRato

931 votes

Mr/Mrs,
Temporarily termination concept not in law. If u r permanent employee, then employer can't terminate you without an departmental enquiry. still u terminate you, then u can filed Complaint before the Labour about termination. if you want only salary then u can file S.33-C2 application before the Labour court. or you can approach before Labour Commissioner of concern area filed same complaint since amount very less. If you are temporary employees also then u can take same procedure as above, but for temination their employer no need of departmental enquiry,

Advocate Sandeep Koregave LawRato