Claim for my pending salaries

K K Jha (Querist) 08 May 2018 This query is : Resolved
Good morning and greetings of the day,

I am K K Jha, working as a Senior Manager (Public Relations) with Shree Maheshwar Hydel Power Corporation Limited in Indore (Madhya Pradesh) since 1999. Work of the project had stopped from 2012 to 2016 and employees were not being paid salaries since months. In May 2014, the then CGM of the project issued a temporary transfer order in my name through email directing me to join at the project site from Indore on temporary basis. Thereafter, I went on a leave of one month and after I returned from my leave, I verbally talked to the CGM (who had issued my transfer order through email) whether I should move to the project site or remain in Indore, keeping in view closure of project and nonpayment of salaries. He verbally allowed me to work from Indore. From June 2014 onward, like earlier, I continued to send my attendances from Indore and the same was duly verified by the CGM himself till January 2015 and thereafter, by other competent authority at the project site till March 2016. In the meantime, like other project employees, I was paid my salaries from June 2014 to December 2014 (post my temporary transfer order). From Jan 2015, the then project management stopped making payment of monthly salaries to the project employees on account of fund constraints. In June 2016, the power finance corporation took over the project from the promoter and started paying regular salaries to the project employees, barring me on the plea that I had not joined at the project site following my transfer. I continued to send my attendances from Indore in the absence of any communication from the project management but it was only from October 2016 onward, they allowed me to work from the site. In the meantime, the new management released pending salaries of the project employees of nine months but I was denied the same on the plea that I had not joined by duty at the project site after my temporary transfer order. My submission is when the previous management had approved and verified my attendances (post my transfer order for 21 months starting from June 2014 to March 2016 and also made payment of six months pending salaries, can I be denied my pending salaries on the plea that I had not joined at the project site. If the management had verified my attendances of the given period and also made payment of six months salaries during that period, does it has any right to deny my pending salaries of the remaining months simply on the ground that I had not joined my duty at the project site after my transfer order ? I want to know if the authority concerned processed my attendances and salaries from Indore post my transfer order, that means transfer order was not executed by the authority and the same stood quashed as the same authority who had issued transfer order, had verified my attendances in subsequent months post my transfer order.
Anxiously waiting for your valuable suggestions.

Contact - 9898808807

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Ms.Usha Kapoor (Expert) 09 May 2018
Prior to filing a suit for Mandatory injunction issue a legal notice to your top Management requesting payment of your monthly dues etc. If you don't get a reply within 15 days of notice period you file a suit for mandatory injunction against the Management's as attitude of Management in regard to your payment of salaries is highhanded, arbitrary, malicious, discriminatory, unconstitutional, unfair trade practice and victimization.Engage a good Labour law/service lawyer.