Quick answer: Labour law disputes
Labour law disputes cover unpaid wages, dismissal or retrenchment, gratuity, provident fund and ESI claims. Since 21 November 2025 they are governed by four Labour Codes that replaced 29 central laws. A worker can claim unpaid wages within three years, and can challenge a termination before the Industrial Tribunal within two years of it.
Last reviewed: 1 November 2026. Written by Adv. Mridul Jindal, Law Chambers of Mridul Jindal, Indirapuram, Ghaziabad.
Labour Law Support for Workers and Employers in Ghaziabad, Noida and Delhi
This page covers disputes between a worker and an employer over wages, termination, gratuity, provident fund (PF) and Employees' State Insurance (ESI), together with employer-side compliance. It is meant for factory, shop-floor, contract, outsourced and fixed-term workers, and for the businesses that employ them in Ghaziabad (including Sahibabad, Loni and Indirapuram), Noida and Delhi.
If you hold a managerial or senior administrative role, the Industrial Relations Code may not apply to you; see our employment disputes page instead. Government and PSU employees should read service matters.
What Changed on 21 November 2025: The Four Labour Codes
The Government of India brought the four Labour Codes into force on 21 November 2025. Together they replace 29 central labour laws. Central rules under the Codes were notified in May 2026, and state rules and notifications can differ, so the position for your establishment is checked case by case.
| Code | Main laws it replaced | What it governs for you |
|---|---|---|
| Code on Wages, 2019 | Payment of Wages Act 1936, Minimum Wages Act 1948, Payment of Bonus Act 1965, Equal Remuneration Act 1976 | Salary payment dates, deductions, minimum wages, bonus, full and final settlement, wage claims |
| Industrial Relations Code, 2020 | Industrial Disputes Act 1947, Trade Unions Act 1926, Industrial Employment (Standing Orders) Act 1946 | Termination, retrenchment, lay-off, closure, unions, standing orders, grievance committees, Industrial Tribunals |
| Code on Social Security, 2020 | Nine laws, including the EPF Act 1952, ESI Act 1948, Payment of Gratuity Act 1972 and Maternity Benefit Act 1961 | PF, ESI, gratuity, maternity benefit, social security for gig and platform workers |
| Occupational Safety, Health and Working Conditions Code, 2020 | Several laws, including the Factories Act 1948 and the Contract Labour Act 1970 | Workplace safety, working hours, contract labour and licensing |
A dispute that began before 21 November 2025 may turn on transitional provisions, so the date on which your cause of action arose matters.
What Labour Matters Can We Help With?
Unpaid wages and full-and-final settlement: Salary arrears, overtime, bonus, illegal deductions and delayed final settlement, starting with a written demand and moving to a claim before the wage authority where needed.
Termination, retrenchment and lay-off: Challenging dismissal without inquiry, notice or compensation, and claiming reinstatement and back wages through conciliation and the Industrial Tribunal.
Gratuity: Non-payment, wrongful forfeiture, short calculation, and the position of fixed-term workers.
PF and ESI: Employer non-deposit of contributions, wrong wage base, rejected claims and withdrawal problems, through complaints to EPFO and ESIC and, where needed, a writ petition.
Contract, outsourced and fixed-term workers: Pay-parity claims, contractor default, the principal employer's responsibility and termination at the end of a contract.
Employer side: Replies to legal notices, standing orders, setting up a grievance redressal committee, retrenchment and closure compliance, domestic inquiries, and defence of wage and gratuity claims.
Writs and appeals: Challenging orders of labour authorities, EPFO and ESIC orders, and Tribunal awards before the High Court, and onward by Supreme Court SLP.
Key Rules and Time Limits at a Glance
| Question | Rule | Source |
|---|---|---|
| When must monthly wages be paid? | Before the expiry of the seventh day of the following month | Code on Wages, 2019, s.17(1) |
| How soon must dues be paid after resignation, dismissal or retrenchment? | Within two working days | Code on Wages, 2019, s.17(2) |
| How long do I have to claim unpaid wages? | Three years from the date the claim arises; a delay can be excused for sufficient cause | Code on Wages, 2019 |
| Who can file a wage claim? | The worker, a registered trade union the worker belongs to, or the Inspector-cum-Facilitator | Code on Wages, 2019 |
| How long do I have to challenge a dismissal or retrenchment? | Two years from the date of termination | Industrial Relations Code, 2020, s.53 |
| When can I go straight to the Industrial Tribunal? | After 45 days from filing the conciliation application | Industrial Relations Code, 2020, s.53 |
| Is a grievance redressal committee compulsory? | Yes, for establishments with 20 or more workers | Industrial Relations Code, 2020, s.4 |
| When is government permission needed for lay-off, retrenchment or closure? | For establishments with 300 or more workers | Industrial Relations Code, 2020 |
| Retrenchment compensation | One month's notice (or pay in lieu) and 15 days' average pay for every completed year of service | Industrial Relations Code, 2020 |
| Who gets gratuity? | Regular employees after five years of continuous service; fixed-term employees pro rata after one year | Code on Social Security, 2020, s.53 |
Act early. Evidence such as gate passes, attendance records and chat messages is easiest to collect while you are still working or have just left. Time limits run from the date of the cause of action, not from the date you decide to act.
Where Is a Labour Dispute Decided?
| Dispute | Forum |
|---|---|
| Unpaid wages, bonus, illegal deductions | The authority appointed under the Code on Wages |
| Dismissal, retrenchment, termination | Conciliation officer, then the Industrial Tribunal |
| Gratuity | The competent authority under the Code on Social Security, after a written application to the employer |
| PF and ESI | EPFO and ESIC authorities, with appeal to the appellate tribunal |
| Orders you want to challenge | Writ petition before the High Court, then Supreme Court |
| Managers and others outside the definition of "worker" | Civil court or arbitration, as the contract provides |
Where the High Court's writ jurisdiction lies depends on where the establishment or the authority is located. Delhi establishments fall under the Delhi High Court.
How Does a Labour Matter Proceed?
1. Document review: Appointment letter, salary slips, bank statements, PF (UAN) and ESI records, attendance or gate-pass records, the termination or resignation letter, and messages with HR or the contractor.
2. Written demand: A notice setting out the dues and the legal basis, and use of the internal grievance redressal committee where the establishment has one.
3. Claim, conciliation or complaint: Filing before the wage authority, conciliation officer, gratuity authority, EPFO or ESIC, as the dispute requires.
4. Hearing and evidence: Proving employment, wages and service, and answering the employer's defences.
5. Recovery: Following the order through to payment, and challenging adverse orders before the High Court where there is a good ground.
Unpaid Dues, Terminated, or Facing a Claim?
If you are a worker in Ghaziabad, Noida or Delhi dealing with unpaid wages, a termination, or a gratuity or PF problem, or an employer who has received a notice or claim, get in touch to discuss your options. Bring the documents listed above.
Frequently Asked Questions
They are the Code on Wages, 2019, the Industrial Relations Code, 2020, the Code on Social Security, 2020 and the Occupational Safety, Health and Working Conditions Code, 2020. All four came into force on 21 November 2025 and replaced 29 central labour laws.
Under Section 17(2) of the Code on Wages, wages due must be paid within two working days of removal, dismissal, retrenchment or resignation. Monthly wages must be paid before the seventh day of the following month.
Send a written demand with proof of the dues, then file a wage claim before the authority appointed under the Code on Wages. You can file it yourself, through a registered trade union you belong to, or through the Inspector-cum-Facilitator.
A claim should be filed within three years of the date it arises. A delayed claim can be considered if there was sufficient cause, but you should not rely on that.
If you are a "worker" under the Industrial Relations Code, a dispute over dismissal, discharge or retrenchment is an industrial dispute. You can apply for conciliation, and go to the Industrial Tribunal after 45 days, within two years of the termination.
Regular employees are entitled after five years of continuous service, with the wait waived on death or disablement. Fixed-term employees receive gratuity pro rata after one year under Section 53 of the Code on Social Security.
Generally not. People in managerial or administrative roles are outside the definition of "worker", so a termination dispute usually goes to a civil court or arbitration under the contract. They can still claim unpaid wages and gratuity. See our employment disputes page.
Download your UAN passbook to see which months are missing, send a written demand to the employer, and file a complaint with the EPFO regional office. If the authority does not act, a writ petition before the High Court is an option.
A lawyer is not compulsory for a wage claim, but drafting the demand, computing dues and presenting evidence is where most claims are won or lost. For Tribunal and High Court matters, a lawyer is strongly advisable.
Review pay structures and the wage definition, final settlement timelines, fixed-term contracts, standing orders and the grievance redressal committee if you have 20 or more workers. We can also help you reply to notices and defend claims.
Legal basis
- Code on Wages, 2019; Industrial Relations Code, 2020; Code on Social Security, 2020; Occupational Safety, Health and Working Conditions Code, 2020 (in force from 21 November 2025)
- Employees' Provident Funds and Miscellaneous Provisions Act, 1952 and Employees' State Insurance Act, 1948 (as continued under the Codes)
This page is general information, not legal advice for your case. Last reviewed 1 November 2026.
Need advice on this?
Speak to Adv. Mridul Jindal about your options. Consultations are confidential.
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