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claiming wages arrears

Querist : Anonymous (Querist) 30 July 2011 This query is : Resolved 
Sirs
A filed an OA in CAT which was disposed of directing Respondent to offer appointment on the compassionate ground within a period of three months, but Respondents did not bother to implement order despite contempt notice within the time allotted . Now after consuming more than six months, process to offer job has started .
My Q is can arrears for wages be claimed though still I am not a employee, but due to intentional delay by the Resp. A lost six months w/o fault of his . What steps be taken so that this becomes a precedent for other cases for arrears wages claim w/o offering job or w/o working 7 due to negligence of the Respondents, THANKS
venkatesh Rao (Expert) 31 July 2011
You can not claim the return for the work you have not done. You are still not an employee and master and servant relationship yet to be started.
all u can do is enforce the order by filing contempt application. The respondent will appear and show cause for the delay. If he cause shown is not acceptable, then the Tribunal will punish the employer.
Chanchal Nag Chowdhury (Expert) 31 July 2011
U R not an employee as yet,so how can U claim wages?
K.S.Srinivas (Expert) 31 July 2011
You can not claim arrears of wages as you are not yet provided with the employment and as you have not worked for the said period. Immediately fie contempt petition in the court for implementing the CAT direction.


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