K K Jha
(Querist) 07 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. After that I had gone on a leave of one month and after I returned from my leave, I verbally talked to Mr Jafar to allow him to work from Indore keeping in view that all the works at the project had been stopped and non-payment of salaries to employees. 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 him 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. It was only from October 2016 onward, they allowed me to work from the site, even as I continued to send my attendances from Indore up to September 2016. In the meantime, PFC released pending salaries of the project employees of nine months but I was denied the same by the SMHPCL senior management 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 for 15 months starting from Jan 2015 to March 2016, 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 simply on the ground that I had not joined my duty at the project site after my transfer order ?
Also, when I have been a regular employee of the project, the new project MD did not approve my attendances from June 2016 to September 2016 and allowed me to work from site only from October 2016. Can I also make claim of my salaries of these period? Pl do give your valuable suggestions as to whom and where should I approach to claim my pending salaries.
K K Jha Senior Manager (Public Relations) SMHPCL Mob - 9893308807
(Expert) 08 May 2018
first ISSUE A LEGAL NOTICE TO YOUR TOP management. iF they don't respond within notice period file a case in civil court or labor court depending on your designation and file for declaratory suit praying for r all your pending dues/salaries as the attitude of management smacks ofi highhanded, arbitrary,m unreasonable, malicious, unconstitutional, biased, victimization and unfair trade prqactices.You'd certainly get relief.