• Can I withdraw a complaint for claim against my employer?

I had filed a complaint and the reconciliation efforts failed with the reconciliation officer.

The reconciliation officer has referred the complaint to the Dy. Labour Commissioner stating all efforts of reconciliation failed as my employer did not turn up.

My employer now has met me and we have agreed for payment. His first condition is to withdraw the complaint/appeal and once done, he will pay me same day. I trust him. 

Can I now withdraw the complaint and what is the procedure?? Please advise.
Asked 6 years ago in Labour

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13 Answers

Hello, 

Yes you can withdraw the complaint, saying that the matter has been resolved. 

You will have to file an application for the withdrawal. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

just send letter to deputy labour commissioner that you want to with draw complaint as dispute has been resolved 

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

Yes you can withdraw the complaint as settled.  You can file an application to withdraw the same. 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

No, it is not mandatory. But I would advise you to first resolve the matter and then bring the same on record and the withdraw the matter. 

 

regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Tell him pay and get receipt, than your withdraw. Don`t withdraw in advance, he may back up.  Or tell him appear before LC, give undertaking of payment than can withdraw.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

you need your appointment letter to file complaint before labour office 

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

You tell your employer to wait for some time and you also because now the failure of conciliation report will go to the State Government and a reference shall be made to the Labour Court/Industrial Tribunal of the jurisdiction , there you file a agreement to the effect and then the reference shall be answered accordingly.

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

No need of the same you can submit any other proof of your employment

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

you can withdraw complaint against employer just move an application to labour commission that dispute has been settled amicably. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

appointment letter or proof of employment is mandatory. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

You first confirm if your employer will be genuine and keep up his promise.

If yes,then you appear before the labor office, submit an application stating that since there was a compromise settlement arrived between you both, you would like to withdraw the complaint, hence the same may be treated as dismissed as not pressed.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

Yes, to prove your employment, you may be required to submit copies of said documents.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

Dear 

You can withdraw the complaint any day you want to by giving a statement in the court of Dy. Labour commissioner.

But before withdrawal of complaint you should get the written assurance from employer about compromise.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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