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Micky   20 May 2016

Not paid salary and bonus even though written in appt letter

I work with a small association in Ahmedabad having total 5 employees. It has PAN card under Association of Persons (AoP) category and is not a registered organisation. In my appointment letter my designation reads as Administrative Officer. It is mentioned in the Appointment letter that apart from salary, I will get a bonus as per the norms of the association. Bonus is paid during Diwali @ 20% of the salary to other employees. I joined the organization from 22nd August, 2015. And during Diwali 2015, I was not paid the bonus as I had not finished my 6 months. Thereafter on 30th March, 2016, I was told that the committee members have decided to discontinue my services and that I may leave the office premise. I asked for the salary of March 2016 and one months’ notice period salary for April 2016 and relieving letter. I was told that it will be given in April 2016. Having been convinced, I left the office premise. Thereafter I was called to the office on 11th April, 2016 and was asked to sign the resignation letter, which was prepared by the office on my behalf. They told me that upon signing the resignation letter only I will get the cheque for salary of March 2016 and Notice period amount for April 2016 and the relieving letter. I denied to sign any such resignation letter as I have no intent to resign from my services. Thereafter they did not pay me anything nor did they gave me relieving letter. Thereafter on 20th April, once again I requested for my salary of march 2016 through the email. In response to it the office wrote that I was already offered the salary and notice period amount upon signing the resignation letter. Now since I have denied, the office will pay me my salary for march 2016 and give me my relieving letter. Thereafter nothing turned up, hence I issued a legal notice to the office on 22nd April, 2016 through advocate to pay me my dues ie. 1. My salary for March 2016. 2. Notice period salary and 3. Bonus for the months from August 2015 to April 2016; and mentioning that if the said is not paid, I will file complaint u/s 406, 420, 114 of the IPC and a suit in the labout court to recover my dues. Replying to the notice the office agreed to pay the salary of March 2016 and denied the notice period salary saying that such fact is not mentioned in the appointment letter. Also mentioned that I cannot approach the labour court as my designation is Administrative Officer. They did not mention anything about the bonus in the reply, though it is mentioned in the appointment letter. Thereafter, cheque for salary of March 2016 and relieving letter dt. 21st April, 2016 was sent through RPAD from the office which I received on 27th April, 2016. Now my question is, whether I can file a written complaint u/s. 406, 420, 114 of the IPC for breach of trust etc. in the local police station? Please advice further, how to get back my dues from the organization? Whether through the labour court or through city civil court?


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 6 Replies

Kumar Doab (FIN)     20 May 2016

You have posted that:

"In response to it the office wrote that I was already offered the salary and notice period amount upon signing the resignation letter. Now since I have denied, the office will pay me my salary for march 2016 and give me my relieving letter. "

 

Demand of resignation is offence and can also be termed 'Deemed Termination'!

There is a mention of notice pay in lieu of resignation/notice period in email!

 

The email should become a ground for complaint u/s 406,420......

In case of termination the employer should tender notice pay in lieu of notice period. 

Is there a mention of notice period/notice pay in lieu of notice period in appointment letter?

 

Mere mention by employer that Admin Officer can't approach Labor Court, does not bring you out of ambit of Labor Laws.

If you are coverd by the def. of 'Workman' as in ID Act, 'Employee' as in Gujarat Shops & Estbs Act, then you can approach O/o Labor Commissioner, Chief Inspector......

What was your salary/month?

 

Consult an able counsel specialzing in Labor-service matters.

Micky   20 May 2016

Dear Mr. Kumar,

Thank you for the response. In favour of asking for resignation, I have a complete mobile phone conversation recording had with the official.

There is no mention of notice pay in lieu of resignation/notice period in the Appointment Letter.

If you are coverd by the def. of 'Workman' as in ID Act, 'Employee' as in Gujarat Shops & Estbs Act, then you can approach O/o Labor Commissioner, Chief Inspector......

My salary/month per month as mentioned in the Appointment letter paid to me was 40,000/- per month, which may as per my knowledge, may not fall under the powers of Labour Court. Can you please advice me in this respect?

Further, I have given a written complaint to the jurisdiction police station seeking measures under sec 406, 420, 114. Against this the police officer noted my statement and removed the complaint, stating that the matter is of recovery of money and I may approach the court for the same. They did not even called the respondents for recording their statements.

Can you also guide in this respect?

Ritesh Maity (Labour Law Advocate)     20 May 2016

As per decisions of the court, the main criteria to fall under the category of workman is the nature of work and not the amount of salary/ wages.

Micky   20 May 2016

Sirs, I am not covered under the definition of Workman.

Kumar Doab (FIN)     20 May 2016

Consult an able counsel specialzing in labor-service matters and your counsel can opine if you are coverd by the def. of 'Workman' as in ID Act, 'Employee' as in Gujarat Shops & Estbs Act, then you can approach O/o Labor Commissioner, Chief Inspector......

Even if you are not covered by the def. of 'Workman' as per your counsel you might still be covered you might be covered as 'Employee' as in Gujarat Shops & Estbs Act, then you can approach O/o Inspector/ Chief Inspector, appointed under the Act......

Did you obtain acknowledgment of complaint from police station with diary number?

If they are declinig send complaint by email and attach the written complaint you took to police station.

Even if youe wages are Rs.40000/PM still the break up may entitle you to be covered by the def. of 'wages ' as in Payment of Wages Act and this Act does not discriminate between 'Workman' and 'Non Workman'.....

 

You can approach civil courts as well....

 

 

Micky   25 September 2018

Any other experts over this matter? Can a private comolaint in the court be filed us 406, 420 IPC etc?

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