My employer terminated me without any notice and without paying salary for the last two months. What legal action can I take?

Detailed Legal Analysis

If you are a workman as defined under Section 2(s) of the Industrial Disputes Act 1947, your termination without notice is illegal under Section 7 and you can raise an industrial dispute before the Labour Commissioner or file a complaint with the Labour Court. Under Section 2A of the Industrial Disputes Act, you can directly approach the Labour Court for wrongful termination without requiring conciliation if you have completed 240 days of continuous service.

For unpaid salary, you can file a claim under the Payment of Wages Act 1936, which requires payment of wages within seven days of the wage period for establishments with fewer than 1,000 employees. If your employer fails to pay wages, you can file an application before the Authority under the Payment of Wages Act within 12 months of the unpaid period.

You are also entitled to one month's notice or pay in lieu of notice under Section 7 of the Industrial Employment (Standing Orders) Act 1946 if covered. If you are not a workman but a supervisory or managerial employee, you can file a civil suit for breach of contract and recovery of dues.