Jatinder 01 May 2017
Laxmi Kant Joshi (Advocate ) 01 May 2017
Kumar Doab (FIN) 01 May 2017
Write under proper acknowledgment to supply you the salary slips of all months, along with balance salary of all months and your original certificates …...
Mention dates and part payments made to you so far.
How the payment was made to you; cash, cheque, in salary a/c in bank?
Did you sign any vouchers?
If yes ask to supply copy of these vouchers also.
Was any appointment letter issued to you?
Kumar Doab (FIN) 01 May 2017
Don’t submit again your original educational certificates as security.
Mention that you had NO other option but to resign due to delayed/Non payment/part payment of salary and in such case condition of Notice period/pay has lost its sanctity.
What is your desigantion and nature of duties?
You were in which state?
What is this Instt?
Is it registered under Shops & Estbs of the state?
If work/salary cycle is from 1st of the month to last day of month then salary should be paid by 7th/10th of the next month.
Jatinder 02 May 2017
NO, Joining Letter was provided. and payment was made in cash no salary proofs. but i have emails and attendence of students , other teachers as evidence of my employment. Should i call police on the spot to handle my salary issues
Kumar Doab (FIN) 02 May 2017
It is your choice, discretion and decision.
You have not replied to all points.
Kumar Doab (FIN) 02 May 2017
Other prespectives are: School/Educational Tribunal
Inspector appointed under; Shops & Estbs Act ( if establishment is coverd by the Act and you by def. of employee)
Inspector appointed under; Payment of wages act (By the maount of salary posted by you, you might be covered)
O/o Labor commissioner: If you are covered by the def. of Workman as in ID Act
It shall be beter if you can get yor mater examined by a very able counsel of unshakable repute and integrity at your location specializing in Labor/service matters.
Employee’s/trade unions leaders can alos guide,help and support you.
Kumar Doab (FIN) 02 May 2017
Teachers are not covered by the def. of Workman as in ID Act
Jatinder 03 May 2017
I was working as Computer Instructor, my duties is to teach Computer Courses.
I live and work in Chandigarh
Instute for Mechanical, Civil and IT training.
This instuute is not registered.
No fixed date of salary. he pays in installmenmts as low as possible. and carring salary next month. One of my college has 30'000 balance salary pending.
Kumar Doab (FIN) 03 May 2017
"This instuute is not registered."
What exactly do you mean by it!
Even if not registered, you have worked for employer and employer is under obligation to pay earned wages.
Kumar Doab (FIN) 04 May 2017
Check if police agrees to help you (u/s 406,420).
Kumar Doab (FIN) 04 May 2017
Visit O/o ALC at Chandigarh.
https://chandigarh.gov.in/dept_labour.htm
Labour
Ajit Balaji Joshi , IAS
Labour Commissioner
DC Office, Sector 17,
Chandigarh
Tel. +91 172 2709000
dc-chd AT nic.in
https://chandigarh.gov.in/admn_struc.htm
Kumar Doab (FIN) 04 May 2017
Chandigarh follows: PUNJAB SHOPS AND COMMERCIAL ESTABLISHMENTS ACT, 1958
The ALC is Chief Inspector for the Act at Chandigarh.
They can clarify if this establishemtn is covered and also you by designation.
PAYMENT OF WAGES ACT, 1936: Under this Act the Assistant Labour Commissioner has been designated as quasi-judicial Authority.
Your wages as posted by you are within wage ceiling for the Act. This Act does not discriminate between workman and Non Workman.
Or you may have to approach Educational Tribunal/Dist Courts.
Local unions and counsel specializing in service matters can help you.