• Asking for increment dismissed from my job

I am belonging to very poor family i am working as a scavenger for about 15yrs In 2004 the company made us peace rate (rate per bathroom) the salary was good (10000 to 15000)per month but in the payment shed only they pay us 4000 to 5000 per month and remaining access amount shared by the HR Manger,contracter , supervisor. Our 4 scavengers remaining salary taken by them if we asked for remaining amount they torched  us and made time  rate and burden given to the contracter he was not giving the payment and 3 scavengers are removed form their job in 2014 and one the scavenger died with mentally depression  and one scavenger still working because he is a ( spoon chamcha )  From 2014 we r (two scavenger) jobless and mentally disturbed i have two girl child and it is very difficult to run live hood we r not able to file case because  it very big company (birla groups of company) and we have no money pl advice us what to do
Asked 1 month ago in Labour from Sedam, Karnataka

1) you are  covered under definition of workman under ID Act, you will be entitled to retrenchment compensation which is equivalent to 15 days wages for each completed year of service beside notice pay.

2)  issue  notice through a lawyer claiming retrenchment compensation and do raise an industrial dispute on illegal termination of your services in case  company does not respond to legal notice 

Ajay Sethi
Advocate, Mumbai
23334 Answers
1220 Consultations
5.0 on 5.0
It is painful to note how people are denied their lawful earnings in this country. You can only recover the unpaid salary and other dues from the company. The company can dismiss a contract worker at anytime. If you go to court now they will claim that you violated the contract, The legal battle will be long drawn and the result of it will be uncertain. Furthermore, you do not have money to file and prosecute the case to a logical conclusion. After years of legal battle you may end up spending thousands if not lakhs and yet the court may rule against you. So my advise to you will be to find another job. 
Ashish Davessar
Advocate, Jaipur
18170 Answers
449 Consultations
5.0 on 5.0
From 2014 we r (two scavenger) jobless and mentally disturbed i have two girl child and it is very difficult to run live hood we r not able to file case because  it very big company (birla groups of company) and we have no money pl advice us what to do

If you have been employed by a contractor then you cannot file any case agaisnt the company instead you can sue the contractor alone.
You have to see the conditions of the contract based on which you can initiate legal action for violation or breach of conditions of contract and can file a recovery suit too.
Consult a local lawyer practicing service law and take his advise on further issues. 
T Kalaiselvan
Advocate, Vellore
14138 Answers
127 Consultations
5.0 on 5.0
how can we get compensation and job

You may have to file a petition under the provisions of workmen compensation act if at all you have been meted out with injustice and the conditions of employment have been violated.
T Kalaiselvan
Advocate, Vellore
14138 Answers
127 Consultations
5.0 on 5.0
can we file case of social  discrimination

That is not correct solution, it may have an adverse impact if you try to initiate legal process as per law and your deserving capacity. 
T Kalaiselvan
Advocate, Vellore
14138 Answers
127 Consultations
5.0 on 5.0
we r contractor worker can we file case to the company?

 A case agaisnt the contractor shall be maintainable and not against the company.
T Kalaiselvan
Advocate, Vellore
14138 Answers
127 Consultations
5.0 on 5.0
union, labour inspector,commissioner all r in favor of company what to do?

Your company canot be held liable for the injustice done to you, it is the contractor who can be held liable for getting your dues and rights. 
T Kalaiselvan
Advocate, Vellore
14138 Answers
127 Consultations
5.0 on 5.0
from 2014 we r not given any complaint letter to the govt commissioner or any labour inspector what to do ?

It is not late even now.  Hence you can give a complaint at this stage too. 
T Kalaiselvan
Advocate, Vellore
14138 Answers
127 Consultations
5.0 on 5.0

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