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.


  • Send a legal notice for recovery of dues from employer @ Rs. 1999/- only

    Know More
  • 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.
  • Related Articles

Consult best Labour & Service lawyers in India

Similar questions

I got marriage on 4th may 2014. My family dont know about it. I got…

Mai SBI me job karta hu mujhe froud case me suspend kiya gya H or…

I have been terminated from company due to entry into the company without swiping an…
I have been working in a CBSE affiliated school for the past 6 years. suddenly…

Labour & Service Lawyers in India

Advocate Wg Cdr Ajit Kakkar (Retd)

 Experience: 17 years

Advocate Harish Malhotra

  District Court
 Experience: 19 years

Advocate Sunil Dalal

  New Friends Colony
 Experience: 20 years

Advocate Rajesh K.S

  Rajaji Nagar
 Experience: 11 years

View all >>

Quick Consult

Get 15 Minutes of Expert Legal Advice on Phone right now

Ask a Free Question

Post a Question online and get free advice from multiple lawyers by email

Find a Lawyer

Easily find and book private consults with top lawyers in India

Get Fee Estimate

Receive multiple quotations for your legal requirement instantly