Unpaid salary

at your mercy (Querist) 02 October 2024 This query is : Resolved
A poor village man who worked in a co.operative agri credit society. He retired 10 years back. he was not given gratuity and unpaid salary for for 10 months. He moved a writ in high court 4 years back for gratuity and got an order to pay on merits and according to law. The deputy registrar got him into agreemnent with the society that Rs. 10,000 per month would be paid. But they did not do. randomly paid almost half of the amount. now a reply recived for a letter that they would pay periodically gratuities. not talking about unpaid salary. how to get this unpaid salary? legal avenues? please advise
thanking you

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A retired employee of a cooperative agri credit society in Tamil Nadu is seeking advice on how to claim 10 months of unpaid salary, in addition to gratuity. Despite a High Court order for gratuity payment and a subsequent agreement for monthly payments, the society has failed to honour the terms. The discussion explores legal avenues, including filing a contempt petition if the High Court order was violated, or approaching the Controlling Authority/Deputy Commissioner of Labour for salary arrears under the Societies Act or Labour Act.

at your mercy (Querist) 02 October 2024
the socity registered under tamilnadu co operatives act .the socity located sholavandan, madurai dt

T. Kalaiselvan, Advocate (Expert) 02 October 2024
Whether the high court has passed an order towards the payment arrears of the salary amount or not?
If yes, then he can file a contempt of court petition before high court for not obeying the high court order against the society.

Sudhir Kumar, Advocate (Expert) 03 October 2024
In case the High Court order is not compiled then you could have moved in contempt petition within limitation.

But your description gives that you have condoning your rights under High Court order entered not another agreement which they are violating.

This way you appear to have created a situation to go though the ordeal all over once again.

However this is a prima-facie impression and clear views can be expressed only on perusal of papers.

at your mercy (Querist) 03 October 2024
The high court order pertained only to gratuity, but the advocate presented it as if he were working in the Deputy Registrar's office. The PPS did not raise any objections, leading to the order being passed. However, recognizing the potential loss to the society, the society president, with the Deputy Registrar's consent, agreed to make payments in installments. A legal notice was sent to the concerned party regarding why contempt of court proceedings should not be initiated, though the unpaid salary was not mentioned in the judgment. Now, according to the Societies Act or the Labour Act, arrears of salary must be claimed.

Isaac Gabriel (Expert) 03 October 2024
The correct forum to claim Gratuity is theControlling Authority/ Deputy Commissioner of Labour in the jurisditional area. He is empowered to proceed with distaint proceedings with Revenue Recovery Act. If not complied with, seek a direction from the High court by Writ petition or to lock the Society.Then only the authorities ie the Registrar or the Joint Registrars will awake to the grievance .This the plight of the retired employees everywhere of the Coopererative Societies.The Management will resort to drag on showing financial situation,paucity of funds etc.

at your mercy (Querist) 04 October 2024
thank you Mr. Isaac.

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