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Suresh Bahuguna (Assistant)     17 April 2013

Rti

Respected Members,

 

I am working in a government aided NGO. I am a patient of blood presser and diabetes. My boss forcefully asked me to obtaining information through RTI Act 2005 against a person which I refused. Thereafter I fall sick of which I gave intimation on phone. On joining I had submitted my application and medical with fitness certificate. My 11 days salary was withheld. As an Indian Citizen do I have right to asked the rules under which my salary was withheld even though I had submitted the supporting medical with fitness certificate in support of my illness.

Regards



Learning

 11 Replies


(Guest)

@Querist,

 

Yes, you can use RTI to get the reason in your salary amount deduction.

 

Note-This reply should be taken as per the declaration given in my profile page.

 

Thanks,

Regards,

Suresh Bahuguna (Assistant)     18 April 2013

Thanks Sir

MADHUSUDAN G R (Advocate)     18 April 2013

Why did u refuse when yr boss asked u to get info under RTI against a person?  Pls remember, no boss would tolerate insubordination.  From then on, the relationship between u n yr boss turned sour.  Deducting yr salary for 11 days, even it might hv been genuine, is the first step.

Better apologize and assure that such things would never recur.  Otherwise, fighting in the court of law might prove to be too costly to u, besides the mental agony/torture u would hv in the coming days.  As per yr own statment, u r a BP & sugar patient.  Certainly, u will not be able to withstand the pressure/insult/mental torture in futre.

 

It is advisible to sort out across the table rather than opting the legal recourse.

MADHUSUDAN G R (Advocate)     19 April 2013

Why did u refuse when yr boss asked u to get info under RTI against a person?  Pls remember, no boss would tolerate insubordination.  From then on, the relationship between u n yr boss turned sour.  Deducting yr salary for 11 days, even it might hv been genuine, is the first step.

Better apologize and assure that such things would never recur.  Otherwise, fighting in the court of law might prove to be too costly to u, besides the mental agony/torture u would hv in the coming days.  As per yr own statment, u r a BP & sugar patient.  Certainly, u will not be able to withstand the pressure/insult/mental torture in futre.

 

It is advisible to sort out across the table rather than opting the legal recourse.

Kumar Doab (FIN)     20 April 2013

 

 

 

Learned experts/members have given valuable advice.

Kindly follow it.

Employee should develop rapport, goodwill and exceptional levels of persuasion, persistence, reasoning, negotiation skills. These skills can be adapted.

Such matters are best resolved by applying rapport, goodwill and skills.

However employee must be aware of his rights too.

Madras High has ruled “ NGO’s be treated as Industry for Employee benefits”

 

-----Does your employer provide sick leave, ESIC, Group Mediclaim policy etc?

Do you have the copy of leave policy, if yes what is the duration of each kind of leave allowed to you?

Acquire leave policy, and remain within the purview of the policy and apply for sanction of leave citing policy.

Although you had informed sickness by phone, it is better to submit a written communication under proper acknowledgment also to this effect.

----Is it part of your job to file RTI applications?

If yes find your ways and means to comply or deny without any heartburn to anyone.

-----The salary has been withheld or deducted?

 Does your employer provide pay slip/salary slip?

You may submit a gentle representation to the employer to release the unpaid wages, under acknowledgment.

To avoid any ambiguity and to remain transparent pay slip should be signed by both employee and employer, and employer should maintain the record for 3 years. The pay slip should describe all amounts paid and deducted.

Payment of wages Act:

 13A. Maintenance of registers and records.

5*[13A. Maintenance of registers and records.-(1) Every employer

shall maintain such registers and records giving such particulars of

persons employed by him, the work performed by them, the wages paid to them, the deductions made from their wages, the receipts given by them and such other particulars and in such form as may be prescribed.

(2) Every register and record required to be maintained under this section shall, for the purposes of this Act, be preserved for a period of three years after the date of the last entry made therein.]

 

6. Wages to be paid in current coin or currency notes.- All wages shall be paid in current coin or currency notes or in both:

5*[Provided that the employer may, after obtaining the written authorisation of the employed person, pay him the wages either by

cheque or by crediting the wages in his bank account.]

9. Deductions for absence from duty.

You may also look into section on unpaid wages.

 


Attached File : 96704513 s.thilagavathi - vs the presiding officer on 12 may, 2009.pdf, 96704513 payment of wages act 1936.pdf downloaded: 113 times

Sudhir Kumar, Advocate (Advocate)     21 April 2013

I differ with newS Know.

You cannot use RTI against NGO wo know therule sposition regarding deduction of your salary.  You can give complaint to labour commissioner.

 

 

Sudhir Kumar, Advocate (Advocate)     21 April 2013

I am not able to agree (or evenstrongly disagree with Mr Madhusudan GR.  If you refuse to invoke RTI against influential person and decide not to risk your safety it may not be insubordeination unless your duties so demanded that you havfe to provoke powerful persons.  Howe3ver you have not stated who was the person and why you refused RTI

Sudhir Kumar, Advocate (Advocate)     21 April 2013

connect at https://www.lawyersclubindia.com/forum/details.asp?mod_id=79097&offset=1#.UXP4xkohHfM

 

come  with full facts in one thread and do not take viva of experts.


(Guest)

@Sudhir Kumar,

 

I don't know how you disagree with my previous reply. Perhaps you haven't even read the bare act.It's clearly mentioned in section 2(h) that any ngo financially  funded by any govt significantly,comes under RTI purview.

 

Let us see the what the section says-

 

(h) "public authority" means any authority or body or institution of self-government established or
constituted—
(a) by or under the Constitution;
(b) by any other law made by Parliament;
(c) by any other law made by State Legislature;
(d) by notification issued or order made by the appropriate Government, and includes any—
(0 body owned, controlled or substantially financed;
(ii) non-Government organisation substantially financed, directly or indirectly by funds provided by the
appropriate Government;

 

Well,I hope now your agreement and realize your above said notion needs some correction.

 

Note-This reply should be taken as per the declaration given in my profile page.

 

Thanks,

Regards,

Suresh Bahuguna (Assistant)     25 April 2013

Writing against someone else is not part of my duties.

Kumar Doab (FIN)     25 April 2013

In the other thread you wanted to search for a lawyer.

If you wish to avail the services of LCI lawyer you can conduct search at:

 

https://www.lawyersclubindia.com/lawyers_search/

The related lawyers list is made available by LCI at the botoom of this web page.

 

Related 'Labour & Service Law' Lawyers

 

 Your near and dear ones can also guide you to a competent and experienced labor consultant/service lawyer.


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