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Recovering gratuity, severance and terminal dues.
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Employers face the mirror image: getting terminations, contracts and POSH compliance right so that a routine business decision does not become a labour court matter three years later. Most employment disputes turn on documentation, and on whether the correct procedure was followed.
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Bringing these to the first consultation saves a hearing later.
Every matter differs, but most follow roughly this sequence.
Whether you are a “workman” under the Industrial Disputes Act changes which forum hears the matter and what relief is available.
A legal notice setting out the dues and the illegality of the action, which also fixes the record early.
Many industrial disputes must pass through the Conciliation Officer before they can be referred to a Labour Court.
Proceedings before the Labour Court, the Industrial Tribunal, or the authority under the Payment of Wages or Gratuity Act.
More specific matters handled under Labour & Employment.
Challenging a dismissal made without cause or due procedure.
Drafting and reviewing appointment letters and exit documents.
Conciliation and adjudication before the Labour Court.
Unremitted contributions and disputes with the authorities.
Internal Committee inquiries and appeals under the POSH Act.
Registration, recognition and collective bargaining disputes.
Unpaid or deducted wages, overtime and minimum wage claims.
Only for proven misconduct, and after a proper domestic inquiry. Otherwise the contract’s notice period or pay in lieu applies, and for a “workman” with a year of continuous service the Industrial Disputes Act additionally requires one month’s notice and retrenchment compensation.
Yes, if you have completed five years of continuous service with an establishment covered by the Payment of Gratuity Act. The five-year condition does not apply where service ends because of death or disablement.
A restraint on employment after the job ends is generally void under Section 27 of the Contract Act. Confidentiality and non-solicitation obligations are enforceable; a blanket bar on joining a competitor usually is not.
There is no single fixed limit, but an industrial dispute should be raised without unreasonable delay, and courts have refused relief where a workman waited years. Speak to a lawyer within weeks, not months.