Legal Question in Employment Law in India

Non payment of dues by employeer on resignation.
I was in employment with a company named M/s Subhash Projects & Marketing Ltd, having its registered office at New Delhi. The company has offices at Bangalore, kolkata. I joined their Bangalore office in 1st july, 1998 I resigned and relived from the services of the company in January, 2005 from New Delhi Office as G.M (engg). My final dues include the followings.
A. Salary for December and January, 2005.
B. Salary arrear from April 2004 on account of yearly increment.
C. Credit balance on account of expenditure incur during traveling.
E. LTA & Medical for the year 2004-2005.
F. Gratuity
The total dues are Rs.2.37 Lacs.
Presently I am staying in Mumbai.
Till date I have not been paid my dues inspite of followup.
My question.

A. Can I approach Labour Commissioner for non payment of salary and gratuity? If so, which office to be contacted.
B. If I would like to file a civil suit can I file a case in Mumbai or I have to file the case in Delhi.
C. What is the interest rate I may claim as per the delayed payment as per the payment of gratuity act.
D. In civil suit apart from principal and interest can I claim comapart from principal and interest can I claim compensation on ground of harassmentand litigation fee?

Asked on 7/14/06, 7:27 am

2 Answers from Attorneys

rameswaram ramanathan Self

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Re: Non payment of dues by employeer on resignation.

you have to file a suit before the Delhi Sub-Court for the dues and u can not file suit in Mumbai since the Company's jurisdiction will be Delhi. U cannot file a petition with Labour Commissioner since you will not come under the purview of Labour Act. Further u can claim interest at 9% on the bleated payment until u are paid.

Answered on 7/18/06, 6:23 am

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