One year salary stucked at central government
gouthami
(Querist) 26 November 2012
This query is : Resolved
Dear LawyersclubIndia,
I worked for a contract based project under Department of biotechnology at an Institute(name not revealed) New Delhi. system works as mentioned. Fundingagency is DBT. It release funds yearly to host institute viewing progress of the project. For silly reason, my employer at institute didn't attend the meeting. so DBT hold up the release of fu nds from which I have to draw salary. such delay was continued for one year. the project was completed in july,2011. employer said as soon as fund comes she will deposit in my account, Its been one year comleted. i am calling employer and dbt frequently. every time I receive no proper reply or to wait. I am frustatd. its an central govt. department showing negligence. I am paying huge rate of intrest for the loans made during that duration at delhi. Now I am at orissa. who will pay this intrest. reasons or negligence. why i have face financial burden becaus of someones silly at this i am in doubt whether they will give or not ? please mention what to do . Shall I go to tribunal or human rights commission or court for sooner immediate action. I shall be grateful if you mention the way of proceeding too.
thanking you.
Raj Kumar Makkad
(Expert) 26 November 2012
In contact system, Principla employer is liable to ensure timely payment by contractor to its employees otherwise it shall deduct his contractual payment and shall directly pay to the employees working on his contract.
You take benefit of this clause and serve a legal notice to Central department and then go to Labour-cum conciliation officer and make this complaint there under section 15 of Payment of Wages Act, 1936.
Sudhir Kumar, Advocate
(Expert) 28 November 2012
repeated qury at http://www.lawyersclubindia.com/forum/1-year-salary-stucked-at-central-govt--70478.asp#.ULXovGfRDWM
gouthami
(Querist) 09 December 2012
Dear Sir,
I am appointed by employer not by the govt(DBT). According to appointment letter, the employee will be continued based on the availability of funds and progress of the employees work annually. On Dec.2010, second year contract was completed. Eventhough funds are available, she stopped paying, saying until new contract is signed, no payment. By the time , I receive contract letter, the funds utilized for other purposes. They intended me to work saying very soon funds will be coming. Project completed in Sept.2011. No payment was made. as someone suggested, if the salary is beyond 15000 one can not proceed into labour commission. Is it true? Can I move to tribunal? how much time it will take to clear the issue. I am more irritated because of their negligence at moving files and high rate of intrest paid by me.
Thanks in advance
Raj Kumar Makkad
(Expert) 09 December 2012
It is true that you cannot exhaust the jurisdiction vested in Labour Court but the doors of Tribunal are open for you. No comment can be made about time but roughly it may take about 2 years to decide.
