Non payment of 2 months salray by the employer

If notice period/notice pay in lieu of notice period is not stated in standing orders/appointment letter, it should not apply.

If notice period is not stated in standing orders/appointment letter, and still the employee has tendered the notice of resignation thus enabling the employer to put his house in order the employee has displayed the character.

If the employer has demanded or adjusted notice pay in FNF statement/settlement the employee may raise appropriate questions and demand reply in writing thru redg. post, supported by certified copy of service rules vide which any deductions have been made from earned wages.

Teachers have not been considered as workman as per various publications.

You may check the university rules with which it is affiliated.

If Payment of Wages Act applies to the college and wages as per definition of wages in the Act, are up to Rs.18000/pm the employee may approach Inspector under this Act.

Dear Sir

                      Thanks for the reply.There is no such notice period is mentioned in the appointment letter also no provision of FNF. No statutory deductions no leave policy is being applied in this college. The attitude of the college authority is to exploit and harassment to an employee just holding the salary of every month and disburse after 2/3 months as and when they wish.Many similar instances has been found in this college.Earlier nobody has raised this type of issue before the college authority that's why they became so exploitative.Already the concerned employee has sent request letter through Registered Post taking all the evidences to pay the pending salary for the month of June,July and for the days worked in the month of August'2013.Already they have received the letter through registered post as per the postal dept. despatch status.But no communication has been made by the employer  yet.

This is purely a private residential 10+2 Science College and registered under C.H.S.E / C.BS.E.So can Payment of Wages act applicable ?

The CBSE has issued guidelines and accordingly the affiliated schools must have prepared the service rules.

It is noted that the CBSE has proposed 3 months notice period and a contract to be entered with teachers.

The notice period is stated as 3 months…………………..

You may clarify is it the bone of contention?

You have posted that:

>>>>> “no provision of FNF’”

Each employer should supply the Full and Final Statement to the employee that has resigned to verify the correctness and raise objections if any before releasing the final payment.

 If the school has not supplied it the employee may submit his list of payables by him to employer and by employer to him and demand payment.

In case the employer does not release the payment the teacher may approach a competent and experienced service lawyer to issue the legal notice and later approach court of law.

“Many similar instances has been found in this college.Earlier nobody has raised this type of issue before the college authority that's why they became so exploitative.”

All of the affected employees may join hands and approach the regulators e.g. CBSE/CHSE etc………………..

-“No statutory deductions no leave policy is being applied in this college. The attitude of the college authority is to exploit”

For many of the issues you have posted you may carefully go thru CBSE Affiliation Bye Laws complete and meet the Regional Head at the nearest office.

Chapter 7 of the Affiliation Byelaws deals with service rules of the employees. Clause 10 of Affiliation Byelaws of CBSE deals with staff and service conditions.

>>>>>>> “So can Payment of Wages act applicable ?”

{A teacher, not being a workman, will neither be covered under Payment of Wages Act nor Minimum Wages Act. 

Uttar Pradesh Basic Shiksha Parishild Allahabad v. Prescribed Authority, under Payment of Wages Act, Jhansi, 2006 LLR 869 (SN) (All He). }

U.P. Basic Shiksha Parishad ... vs Prescribed Authority Under ... on 31 March, 2006

https://www.indiankanoon.org/doc/646346/?type=print

22-F. Application of Payment of Wages Act, 1936, to scheduled employments.- Notwithstanding anything contained in the Payment of Wages Act, 1936 (4 of 1936) the appropriate Government may, by notification in the Official Gazette direct that, subject to the provisions of Sub-section (2), all or any of the provisions of the said Act, shall, with such modifications, if any, as may be specified in the notification, apply to wages payable to employees in such scheduled employment as may be specified in the notification.

{Therefore you may look for notification issued in your state Odisha}

(1) As to whether the provisions of Payment of Wages Act applies to the teachers of such institutions?

{You may check with o/o Inspector under Payment of Wages Act If the notification has been issued by your state govt.}

You may find the attachment relevant and useful.

"a teacher not being a workman will neither be covered under payment of wages act nor minimum wages act.doc

can be downloaded from: 

Indian Kanoon - https://indiankanoon.org/doc/646346/

https://www.indiankanoon.org/doc/646346/?type=print

well elaborated by Mr Kumar Doab.