Releasing of salary/Job gone into deadlock
Querist :
Anonymous
(Querist) 02 January 2011
This query is : Resolved
I am working on adhoc basis for last 12 years and The CAT has allowed the petition which has directed the respondent employer to regularise my services from 2001 as the employer has committed the fraud for not displaying the result and has kept my candidature in dark
The order was passed in Feb 2010 and at time I was working on adhoc basis and my tenure was exipring on 30/07/2010 and I reminded the employer to implement the order but he didnot as result I filed the Contempt Petition in August 2010 which was admitted and issued notices to the respondent and the employer didnot release my salary(as I cannot asked for adhoc extension as the Contempt proceedings were pending)I filed the Miscallneous Petition in Sept 2010 and the CAT has ordered to release the salary within 2 days. My employer filed the Writ Petition before the High Court which has remanded it for deciding the issue of limitation which is till pending there before CAT. Therafter, the employer has terminated my services in Nov 2010 without serving me the copy of order. I filed the separate Petition against the termination which has been admitted and issued notices to the respondent
The employer is not willing to release my salary from July 2010 and nor providing me the copy of the termination order as 2 matters have been pending there
The CAT has already given order to release the salary with in 2 days in Sept 2010
In such circumstances, what should I do as the employer has availed my services from July2010 and has not paid me any single penny?
What remedy can be available as I have been harassed. My only fault is that I have exercised my rights and CAT allowed my Application and Employer gave me the reward by terminating my services?
Raj Kumar Makkad
(Expert) 02 January 2011
You are already on the right track. So far as salary for the period from July to Nov is concerned, make a written representation to the employer and demand it failing which make an application in the pending petition filed for the purpose of reinstatement in service.
