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siddhant (Assistant professor)     14 February 2013

Salary not paid

Sir,
I was working as a assistant professor in a private college at a consolidated pay of 25,000 INR p.m. since july 2012. Notice period was of 1 month and I was relieved after serving the notice on 11th December 2012, but since than till today two months have passed and they are not paying me the salary of 11 days on which i worked in december,  rest all dues are cleared.

I have everything including service, salary and relieve certificate as well as xerox copy of resignation with acknowldgement and copy of no dues. they need to pay me the sum of 8500 INR. Although the amount is small but still i do not want to leave it as it is hard earned money.

Kindly guide me the proper way. As I am a fresher and economically not very sound, but i can not allow them to cheat me, should I go for civil suite if yes kindly tell me the procedure or any other measure to be taken.

Me and college both are in area of jaipur jurisdiction. should I go to wage inspector or labour commisioner?



Learning

 8 Replies

Advocate Rohit (Advocate)     14 February 2013

you need to write a letter to the college management asking for your dues to be paid within a specific time period. if they fail to do so then you need to serve a legal notice through an advocate and then you may approach the labour commissioner for the justice.

 

Regards,

Advocate Rohit Dalmia

9324538481

Mumbai

1 Like

ADVOCATE Prem Joshi (Advocate/ Legal Consultant)     15 February 2013

Ld. Rohit is right, kindly follow the advice of him..

1 Like

Yashwant Singh (CCO)     15 February 2013

Hi all, please help me on this!!

I have joined FIS Global Business Solutions India Pvt. Ltd.based at No 226 Udyog Vihar Phase 1, Gurgaon 122 016, India,Telephone: +91 124 243 9150, on 7th December 2012.

Prior to it I was working with Convergys India Pvt.Ltd. Towards the end of first week of training in FIS I was asked to sit at home as they were unable to validate my experience with my previous organisations, responding to which I went in Convergys I got that rectified with having HR(Convergys) emailing the legid information matching my Experience letter to Abhishek Bagga(HR Asst. Manager In FIS)

I waited as I was instructed for a week, after a week I started calling him(Abishek Bagga)he asked me to wait for few more days I waited. Nothing happened so I decided to pop in FIS where I was told I have been marked absconding wherein I have been in touch with Abhishek Bagga to find out how soon can I join them back.

Whwn I asked them to pay me the number of days I was an employee of FIS ther said "in order to get salary for the number of days worked there I have to resign first and after that within 45 days I ll get my cheque

Now I want them to compensate as because of them I had to sit at home I waisted time and money both moreover no organisation can mark employee abscond in such cases without any prior intimation.

Hope will get to hear something helpful soon.

Yashwant Singh

Contact Number 8010883515

Personal Email:accord.yashk@gmail.com

siddhant (Assistant professor)     15 February 2013

Thanks Mr Rohit Dalmia and Mr Prem Joshi for your kind replies. Kindly extend your help a little that I have already intimated them twice by email of which they acknowledged also.

I will intimate them again, kindly tell me that time of 15 working days will be sufficeient ? and do I need to warn them for legal actions in that letter.

and also do I need to collect time attendance sheet and salary statement or it will not be required as I have releif letter, service and salary certificate and copy of no dues and acknowldged copy of resignation.

with warm regards

Siddhant Singhai 

siddhantsinghai09@gmail.com

+91-9983200066

gaurav (student)     15 February 2013

 

i was an employee in an school,for 1years 6 month approx.i have an offer letter,

as per my employment i have to give my resign within 30 working days.

 i have submitted my resign 30 days before only but there was an official leave for 5 days & 3 sunday.

now my employer is refusing to pay for that month saying i have breach the aggrement & have not completed 30 working days.

can i have right to give notice demanding payment of salary for all 30 days including holidays & sunday.

can i have right to sue him in labour court?

any other measure that i can take.

can u provide me with notice format.kindly help

Kumar Doab (FIN)     15 February 2013

 

@ Sidhant,

Such matters are best resolved by applying rapport, goodwill, persuasion, persistence, reasoning, and negotiation skills. Good offices of the employer should be approached and a fair opportunity be given to good offices to provide relief.

Even while you are agitating remain amiable.

May be that college is expecting you to treat 11 days salary as a parting gift, and may relent sensing that you are determined and well informed.

 

Good offices should act fairly as parent and should adopt unbiased and reasonable approach and save the organization and employee from burden of litigation.

If good offices also do not intervene and do not provide relief then legal route, lawful authority becomes an option.

After all state/courts are Parens patriae “ parent to the citizens/nation”.

You have posted that:

--“I have already intimated them twice by email of which they acknowledged also.”

It is good that you have copy of an acknowledgment.

You may submit final communication ( if you wish you can title it NOTICE also) addressed to good offices of your appointing authority, Chairman, Promoter/owner/Manager as per SE Act, cite reference of all representations made so far in person, by email, by letter etc( mention name/designation/dept/address/phone numbers etc), conclude that you have been clamoring to get your pending payments/docs and request them to intervene and provide relief by supplying you the pending payments and documents ( mention detail) so as to reach you within next say…….days.

 --“I have everything including service, salary and relieve certificate as well as xerox copy of resignation with acknowldgement and copy of no dues.”

The no dues, relieving letter signifies nothing is due at the end of employee.

You may highlight your sincerity, achievements, contributions, and remind the good offices that you have shown character and integrity by giving notice and serving notice period, handing over the charge/company property

And have abided by contractual obligation.

 

Now the management and good offices should also reciprocate and abide by its contractual obligations.

 

--“do I need to collect time attendance sheet and salary statement”

You may collect these and anything and everything that is relevant to your employment and attendance till your last day in office. This shall help you to contest the claim of the management if it states that you have not worked for 11 days and makes false entry in records.

 

Your employer should supply you, acknowledgment/acceptance of resignation, service certificate, relieving letter ( with good comments on conduct), NOC/NDC, correct FNF statement, correct Form 16 as per correct FNF statement, PF number, PF passbook/account slips for entire period of service, last salary slip, salary certificate……etc

The FNF statement would show DOJ, DOL and period/days for which salary is calculated and it would instantly show if 11 days attendance/employment is marked and salary is calculated/computed or not?

 

--“I was working as a assistant professor in a private college”

The college was formed and conducted to make profit.

Your lawyer can opine that you would be able to approach o/o Labor Commissioner.

Supreme Court of India

University Of Delhi & Anr vs Ram Nath

 

Kerala High Court

Mr. Karthiyayani And Ors. vs Union Of India (Uoi) And Ors.

Then

Extension of benefit of Gratuity to teachers would be an interesting reading.

 

 

Ideally college should have paid all due payments by the usual pay day.

 

You may refer toSE Act of your state. e.g.;

The Delhi Shops and Establishments Act, 1954

2. Definitions.

(5)  “commercial establishment” means……..educational or other institutions run for private gain,

(7)  “employee” means a person wholly or principally employed, whether directly or

otherwise, and whether for wages (payable on permanent, periodical, contract, piece-rate or commission basis) or other consideration

(8)  “employer” means the owner of any establishment about the business of which

persons are employed, and where the business of such establishment is not directly

managed by the owner, means the manager, agent or representative of such owner in

the said business;

SE Act: e.g. SE Act Delhi:

19. TIME AND CONDITIONS OF PAYMENT OF WAGES.

21.  CLAIMS RELATING TO WAGES.

35. Inspection of Registers and calling for information.

37.  POWERS AND DUTIES OF INSPECTOR.

COMMENTS

(b) Duties of the Inspector :

(h)  that the wages and other dues are being paid to employees in time as required under the Act;

(i)  that in dispensing with the services of an employee the provision of the Act and Rules have been complied with and no  dues payable under the Act or Rules have been withheld;

41.  WILFULLY MAKING FALSE ENTRIES

THE PAYMENT OF WAGES ACT, 1936

2. Definitions.-

3*[(vi) "wages" means

 (d) any sum which by reason of the termination of employment of the person employed is payable under any law, contract or instrument which provides for the payment of such sum, whether with or without deductions, but does not provide for the time within which the payment is to be made;

The Labor Inspector may want to give notice and this may work in your favor and your payments may be released and the matter may end.

The company may relent and yield to your representation to good offices, demand notice, Notice by Wages Inspector, Inspector under SE Act, and legal notice by your lawyer.

 

The option to approach civil court is there too.

Valuable advice of learned experts/members is sought.


Attached File : 734365293 delhi shops & establishments act, 1954.pdf downloaded: 118 times
1 Like

siddhant (Assistant professor)     15 February 2013

Thanks Mr. Kumar Daob your advice is really very helpful and for the same I would like to extend my best wishes and gratitude.

I would also like to inform you that I was appointed on consolidated salary basis so I was not being paid any PF and all and also no TDS was deducted from my salary. I do not have FNF statement and form 16 as well.

Rajasthan shop and establishment act says that

""commercial establishment" means a commercial or trading or banking or insurance establishment, an establishment or administrative service in which the persons employed are mainly engaged in office work, a hotel, a restaurant, boarding or eating house, cafe or  any other refreshment house, a theatre or any other place of public amusement or entertainment and includes every such establishment as the State Government may by notification in the Official Gazette, declare to be a commercial establishment for the purposes of this Act"

I hope that educational institutions also comes under commercial establishment as per above definition.

As per your advice I will really try to sort out the matter by giving them sufficient time.

Siddhant Singhai
siddhantsinghai09@gmail.com
+91-9983200066

Kumar Doab (FIN)     15 February 2013

“and includes every such establishment as the State Government may by notification in the Official Gazette, declare to be a commercial establishment for the purposes of this Act;

 

You may confirm from Dept. of Labor/SE Inspectorate/ Inspector under SE Act/ALC etc.

The contact details may be obtained from Dept. of Labor

https://rajlabour.nic.in/

 

An establishment should display its certificate of Registration of Establishments near entry, on notice board.You may check from the registration certificate the details of registration of this private college.


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