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Sureshkannan (Professor in Oral surgery)     27 February 2014

Applicability of labour law to a deemed to be university

Is labour law applicable to teaching faculty of a private college affiliated to deemed to be university in Tamilnadu.

If the faculty members are not paid salary for 3-4 months how to proceed to regularise the pay. will labour law applicable for it or any other ways to tackle it.



Learning

 3 Replies

vtreddy (sr lawyer)     28 February 2014

One can approch  labour dept and file complaint under applicable employee laws . mw act, payment of wages act etc....

Kumar Doab (FIN)     02 March 2014

Teachers are not covered as Workman, hence may not succeed to invoke ID Act.

 

The teachers are probably still in employment and would like to remain in employment.

The employee may proceed carefully.

The employee’s union/Trade Union can approach the Grievance Redressal Mechanism set in by the University for such Matters.

If there is a default on payment of wages there may be a default on PF, ESIC, TDS etc……….

Employee can approach:

----Employees Unions
 

--- Trade Unions e.g; CITU, AITUC, INTUC ............................


--- Inspector under Payment of Wages Act: applicable to all employees drawing wages up to Rs.18000/pm as per def. of wages in the Act. 
You may refer to: Payment of Wages Act; Sec13A and 2: 3*[(i), (ia), 3*[(vi), 3, 4 ,5, 13a, 14, 15, 16, 17A, 20………….. and if the Inspector agrees to cover you may immediately submit Form’N’ for recovery of wages.


--- ESIC Inspector;
 

--- RPFC in nearest PF office


--- ITO; TDS where you file your ITR


--- CIT-TDS (jurisdictional) where company files ITR


----Lawyer/Law firm

---Civil Court

Employees have been contemplating to file criminal complaints u/s 406, 420……………………………and to approach employer as creditors treating unpaid wages as debt on employer e.g;

https://www.lawyersclubindia.com/forum/details.asp?mod_id=72011&offset=1#.UvYBGEeBmXV

 

 


You may proceed under the expert advice of your lawyer.

HIREN KAPASHI (PROJECT MANAGER)     02 March 2014

What is FNF statement ?  Whom should I approach to get it ?

 

Thank you,

HIREN KAPASHI.


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