Q: I’ve been working as an engineer in an industrial company for the past 10 years. Over the past few months our salary has been restructured as a percentage of the earning of our division, although our service contract says otherwise. Also, TDS has been deducted on the basis of salary mentioned in the service contract although that amount was not paid. Several employees have been laid off without compensation. As we do not have a union to voice our grievances, we feel helpless. What should we do?
Name withheld
A: A. The dispute with your employer would be treated as a contractual dispute as your service status does not seem to entitle you to the legal protection available to a “workman” within the meaning of the Industrial Disputes Act. As regards the salary grievance, your remedy lies in filing a civil suit claiming a money decree for the sum your employer owes you and also injunction restraining your employer from deviating from the contractual terms. However, a suit is usually a long-drawn process and may take years to conclude. The alternative is to file winding-up proceedings against the company. On the issue of lay-off, the employees of your status will have to follow the same legal recourse as advised above. In the case of those who are “workmen” within the meaning of the Industrial Disputes Act, the law mandates payment of compensation and they could raise an industrial dispute by following the procedure provided in the said Act. To realise your dues from your employer you should put pressure on the company by making interim applications. If there is evidence that the company is indulging in asset stripping, you could go for pre-trial attachment of the company’s assets including freezing the company’s bank accounts as an interim measure.
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