non payment of dues on termination without notice

Querist : Anonymous (Querist) 26 December 2010 This query is : Resolved
I was employed as Head. of Deptt. of Healthcare Management on a salary of Rs. 70K since last 15 months at Institute of Clinical Research of India, Ahmedabad campus.On 03Dec,10'I was handed over termination letter with a promise to clear my dues in 15days.Now they are not paying my dues ( Rs. 2.4 lacs) on the pretext that my academic clearance is still not done with a false allegation that I am in possession of some answer scripts of some students.I was not even informed in writing to whom I have to hand over for the academic clearance by the Location Head in the termination letter.Now what should I do ?Please advise at the earliest.

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Kirti Kar Tripathi (Expert) 26 December 2010
why your service were terminated. What was your status, whether you were permanent, ad-hoc or on contract basis plz specify. At present I can advice you that you can challenge your termination as well as non payment of salary by filing a writ petition before Hon'ble High Court.

s.subramanian (Expert) 27 December 2010
I agree with Mr.Kirti.

Advocate. Arunagiri (Expert) 27 December 2010
Termination without conducting enquiry, not possible.

If terminated for misconduct, after the enquiry, they will settle your amount and you have to hand over the department assets to the officer to whom you were reporting.

You can challenge the termination in the HC.

Ahmed Daud Girach (Expert) 28 December 2010
Sure. you must chalenge in Highcourt the termination as it is without inquiry.If you are having answersheets than hand it over getting acknowledgement.If it is written that dues will be setteled in 15 days then it is also a ground forrecovering it.You may file recovery suit in city civil court Ahmedabad for balance salary and dues with interest.So two remedy.If you are willing to go back get termination void abinitio in High court.And if interested in salary only then civil suit.Of course in both the cases you may give a legal notice well drafted by eminent lawyer then also it will have impact.

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