Employer not giving salary

If the cause of action has arisen at Surat, you may succeed in claiming that:  the courts at Surat can have jurisdiction.

The jurisdictional courts can be: as narrated in contract (of employment/appointment letter), location/HQ of employee, location of Redg. Office/HO of the company, location at which cause has arisen.

Your own counsel can opine on it after examining your docs on record and inputs.

There are many employee’s/teachers Forums.

If you wish you can seek their support and guidance.

If possible, resolve the matter without litigation.

You may also explore possibilities under State Education Act/Rules if such establishments are covered by it.

Rajasthan Shops & Estbs Act; if such establishments are covered by it, and if you are covered by the def. of Employee as in the Act.

And Educational Tribunal for Teachers.

Prior to that apply your skills of persuasion, persistence, reasoning, negotiations and resoilve the matter in your favor.

Avoid litigation as much as possible.

Yes Kumar Sir..even I dont want to get into litigation ..I tried a lot by giving all the documents and proofs to the Higher Management; however, I have not recieved any response from them. I had asked them the reason for the salary hold but they had not given any reply for it as well. Hence, I presumed that they are not taking my emails and proofs of any use to them to get convince. Moreover, they might be under impression that an employee would not go to court as it will be too time consuming and effortful for him to go to court to get justice.

Also, since the institute is a private Coaching institute, there is a possiblity that I may not covered in State teacher's tribunals. I will check employee/teacher forum in Surat as I am not aware of it.

Sir, i had gone through the article links which you had sent to me. An it indeed gave me a lot of insights regarding this issue.

Thanks a lot Sir for helping me.

Check with: Rajasthan Non Government Educational Institutions Tribunal Rajasthan, Jaipur 

Rajasthan Non-Government Educational Institutions Act, 1989

Local counsels can advise you further.

GO thru notification at:

https://gujarat-education.gov.in/education/Portal/News/Notifi_12-05-2014.pdf

Local counsels can advise you further.

You are welcome.

While you look for counsels avoid posers, impersonators, blackmailers, and those that are quacks and loiter and stalk at various online portals to allure unsuspecting querists.

Your elders in the family, near and dear ones, competent and experienced well wishers, employee’s forum/union/trade union leaders, companions and colleagues of unshakable trust can guide you to a very able counsel specializing in respective field of law.

Labor/Service matters is altogether different field of law and in each city there are few counsels that specialize in it.

They are very well known and usually all such matters are referred to them.

Sensible counsels worth heir salt, practicing in Civil Matters do not prefer to meddle into Labor/Service matters.

You can also inquire at Labor court/CGIT, CAT, HC, Civil courts and know all such counsels and their track record and Fee.

Some counsel may prefer to take only ‘Employee’s cases’. It is their choice and practice.

 Some may only be standing for ‘Employers’. They may be avoided by employees.

Sure Sir...I will look for the employee's forum and thereby civil counsel in Surat as per your above guidance. I wish you could be in Surat, then I would have definitely contacted you for further references. I cannot express as to how much thankful I am to you.

I have not suggested to engage Civil Counsel.

I have rather clarified that: "Sensible counsels worth heir salt, practicing in Civil Matters do not prefer to meddle into Labor/Service matters.Labor/Service matters is altogether different field of law and in each city there are few counsels that specialize in it.   They are very well known and usually all such matters are referred to them."

It is upto you to engage if you want to a Civil Matters Lawyer or any counsel.

The Supreme Court of India Judgment by bench of 7 Judges, HC decision, notifications have been provided to you. 

You can resolve the mater in your favor with your own efforts, support from your near and dear ones, Teacher's Forums, counsels....

I do not think your company will pay you anything unless you go legal. Hence, go to a lawyer and someone who has specialised knowledge in this. (Not all civil lawyers can deal with industrial/ labour matters must most will not admit so :D)

Originally posted by : Ritesh Maity
	Not all civil lawyers can deal with industrial/ labour matters must most will not admit so

I concur with  captioned comments in above last post, of Mr. Ritesh Maity.

Thanks a lot Kumar Sir and Ritesh Sir for your guidance. I will check if the respective Civil lawyer had good track record of labour matters or not.

You are welcome.

Employees should always be properly informed and aware and united ………………….and at the time time, gentle and amiable.

Your counsel can cover the defects/loopholes in yourrepresentations that employer tend to exploit and align your representations in line with applicable rules/laws so as to defend your rights and defeat the contentions of employer.

I am happy that one more employee becomes informed and aware.