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Raja Ram Saxena   29 November 2015 at 20:18

Salary not paid by my employer

Dear Sir/Madam,
I am associated with a company for the past 1.5 yrs. The company gave me salary for first 4 months only and later on they keep saying that the company is running in loss and hence they do not have money to pay my salaries. This kept continuing till last month and I was still not paid by that time hence I wrote them an email stating that since the company is not paying my salaries I am resigning with immediate effect. That email was never replied by my employer but he verbally and through SMS also, told me that my resignation is not accepted. My salaries for entire 14 months are still due with the company and the company is not letting me leave. What should I do?

Please note that last week only I met a friend near my home who also faced the same problem 2 yrs back. He told me that:
(1) I will have to first send him(my employer) a 15 days notice through advocate only
(2) If he doesn't reply to that notice then I will have to file a case against him in labour court
(3) Along with the advocates fee, I will have to pay courts fee which depends on the amount that I am claiming.
(4) I shall be getting my complete salary of 14 months with 18% rate of interest calculated per annum over that salary
(5) The decision shall come in 3 yrs

Sir/Madam, my questions here are as follows:

(1) Will I get any other benefits in terms of money apart from the 14 months salary and interest over it if I wish to claim amount for the mental stress that I went through all these days?
(2) I couldn't join any other job as my present employer was not relieving me and hence I lost good offers also that included jobs offering more perks than this job. Will I be paid for that loss also?
(3) My salary will be calculated till the day when I am filing the case or till the time the decision is given by the court?
(4) Can I join some other job after I have filed the case? Or do I have to wait for courts decision?
(5) Where can I find the actual figure of the amount that I need to pay as courts fee? Since I am willing to claim double of the salary amount I need to know the exact fee that has to be paid.'
(6) Since I am not paid since last 14 months I'm already in debt as I have taken loans from many private lenders and my relatives. Hence I am not in the position to pay any fee as of now. Will the court help me in this regard and how? I am not asking about the fee exemption but can this fee be paid after the courts decision? Or in parts?

Kindly help me as I have already started feeling suicidal being exploited for such a long time.

Please help!!!

sushil   29 November 2015 at 17:55

Question about hc suppress evidence produce and delivered judgment.

In WP No.7790 of 2009 Bombay HC. Ld.Single Judge delivered judgment after 9 months of its pronouncement. I am the concerned workman & member of MBPT union. My Company file above writ petition against award in CGIT Complaint No.2 of 2 of 2007. Company objected that, union has no authority to file such complaint u/s.33A of I.D.Act,1947. Union submitted CGIT Exh.45 in which workmen authorised union to represent in the proceeding of complaint u/s.33A & drew attention of Sec.36 of I.D. Act alonwith the citation of Karnataka HC in ‘B.D.K. Process Controls Pvt. Ltd. vs. Bhartiya Mazdoor Sangh-2002’ . While delivering judgment Ld.Single Judge recorded that:‘12] In the case on hand, the respondent does not rely upon any provision that permits filing of such complaint by a person other than the aggrieved employee. Nor does it claim that any specific authority was given to it by the six employees to file the complaint. In the circumstances, the complaint filed by the union must be held to be not maintainable and liable to be dismissed on that ground alone.'That means Ld. Single Judge recorded false Statement in judgment/order. What is the solution to correct this things.Is there provision to make application in Bombay HC aginst this wrong thing. Bombay HC completely close the way to file LPA. Please guide me.

TheRandhawa   29 November 2015 at 14:56

Extraordinary leave during probation in punjab

Sir/mam
I have joined Govt. Of Punjab in Dept. of Health & Family Welfare as Medical Officer . Its's Group A post also known as PCMS-I .
Regarding above said topic I have few queries :
Ques no. 1 ::: I want to go on "leave without pay" . Is "extraordinary leave " same as "leave without pay" ??
Ques no. 2 ::: If same How do I apply for it ?? How much time in advance do I have to give the application ??
Ques no. 3 ::: Max duration of this leave I can avail at a stretch or in pieces ??
Ques no. 4 ::: Who will be the sanctioning authority in my case ??

BISWAJIT SENGUPTA   28 November 2015 at 14:08

Compensation

During 'Suspension of Work" declared by the employer and applied for Sick Industry to BIFR and subsequently BIFR declared Sick Industry and the company reopened without giving any information to some employees. What types of claim can lodge by the employees? I want to know whether they claim for salary, gratuity, pf and other benefits from the company during the Suspension period? Please mention Case Laws reference in this regard.

Dayal Singh   28 November 2015 at 10:42

Termination by Company

What is the Law against Company and whatis the benefit of employees if file a case ???

Dayal Singh   28 November 2015 at 10:34

Termination by Company without any Reason

I want to know if a company terminated his employee without any reason so what is theprocdprocedure to file a case or what is the benefit of employee

R Jha   28 November 2015 at 02:06

Fulfilling the eligibility requirements

One of the CPSE has advertised the following Eligibility Requirements with regards to Post Qualification Experience as on 30.11.2015:


"Officers working in Central/ State Govt./ PSU/ Autonomous bodies with minimum 10 years of Post qualification experience in relevant field in the Executive grade (E-0) of IDA pay scale of Rs.12600-32500 & above out of which 3 years should be in the IDA pay scale of Rs.20600-46500 or equivalent with CTC of Rs. 8.00 lacs per annum working in a reputed private organization"

I belong from a Private Sector Employee and I have got a total work Experience of 16 Years till 07.08.2015 and my current CTC is Rs. 15.00 Lacs and the requirement of CTC of Rs. 8.00 Lacs is getting fulfilled by me for the Past more than 05 Years (i.e. April 2009 onwards).

Under the circumstances, am I eligible to put forward my candidature for the aforementioned posts or not? I already qualify with regards to the prescribed educational qualification requirement.

Please advise on priority.

amit   27 November 2015 at 20:34

Non acceptance of resignation in central govt job

Respected Sir/Madam
I am a postal assistant in deptt of posts with 4.5 years of service. I have received no confirmation letter from my office so i dont know whether i will come under temporary or permanent service rules.I got selected in central excise as inspector so i applied for non technical resignation as i have not informed about the same to my department. I served one month's notice and now i am on medical , it has been more than 2.5 months and no action has been taken so far. They are not replying me but i am sending reminders continuously but no action has been taken by them. what should i do now and what will be the consequences if they will not accept my resignation. can it cause any problem in my joining of central excise.

Anonymous   27 November 2015 at 11:32

Termination by Company Manegment

What is the Law if an employee terminated from services without any proper reason

Anonymous   27 November 2015 at 11:29

Termination by Company Manegment

I want to knows what is the law against Company Manegment if Company terminated an employee from services without any reason..