Legal Question in Employment Law in India

Dear all,

I was working as a Manager - Sales and Marketing for a Company and was on probation for almost a year and

I was asked to resign from the job without any specific reason. I did not resign so they did not let me

do my online attendance and did not let me enter the office. The offer letter states that if an employee

remains absent for 7 days then he is automatically terminated.

I filed a complaint with the labour commissioner within 7 days of my last day of work. Then I was asked

to fill up a form for Industrial Dispute Act 1947 (section 2-A) for getting back my job and back wages.

The Labour Commissioner set 4 hearing dates in 6 months but the Company people did not come to resolve

the issue, then the labour commissioner referred the case to the labour court viz ID ACT 1947. Now the

case is in the labour court and its been 6 Months now. Hearing dates are being given and the next hearing

is on 8/12/16.

The Company's lawyer has argued that as my position is of Managerial level I does not come under

Industrial Dispute ACT 1947 viz (section 2-S)

Company's Lawyer also stated to the Labour Court " That the appellant/ Employee is guilty of " Suppresio

Veri " and " Suggestio Falsi" as he had deliberately suppreseed the relevant and material facts from this

Honble Court and had not approached with clean hands.Thus on this ground also appeal is liable to be

dismissed.

Its been more than a year since this incident and I am still unemployed and going through depression. I

am undergoing treatment for depression since last 2 months in Government Hospital (depression spanning

for 8 months now according to the analysis).

I have not been paid my 3 months salary so it does comes under the Labour Court under Section 33 (C) of

the Industrial Dispute Act, 1947

Does my job comes under the ID ACT 1947

-- def. of �Workman� as in ID Act, --

�Employee� as in Shops & Esbs Act ( if your dept/div/office/establishment is covered by the Act),

--Payment of Wages Act ( as per def. of wages in the Act.

This Act does not discriminate between �Workman� and �Non Workman�)

I have researched online and my case does not comes under Industrial Dispute Act, 1947 because of my

Managerial Position and My Salary being more than 10000.

Now I want to file a case in the civil court, of course by the permission (leave) of the labour court.

What Application should I file with the labour court ie how should I withdraw the case and how should I

countinue the case for my pending salary (section 33-C)

Kindly refer me the sections of the Civil Procedure Code to file the case in the Civil Court.

Can I approach the Civil court through Rule 9 of the Civil Procedure Code?

Kindly let me know if I should go with the mental harassment and depression issue and which section of

the Civil Procedure code to file for that?

I want to fight for the humiliation that I was subjected to and the depression that I am going through.

Can I ask for a lumpsum amount for the harassment OR the court decides on that?

Please guide me to fight my case in the Civil Court as I am fighting it alone without a lawyer.

Thanks and Regards

1 Answer from Attorneys

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