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abcdefghij (Service)     14 April 2009

Salary payments upon retrenchment by a service provider

Dear Sir,on 3rd March '09, my company asked me to leave on  the basis of a verbal notice the very next day( due to retrenchment) .Now, the normal practise of this company(an agency )is to release salariesof the current month in the next month. eg-  my sal for the month of Dec will not be released on 1st jan but around 25th Jan. Hence, in view of this practise , my salary for the month of Jan '09 which was due to be released  in the month of Feb end'09  was delayed and released in mid March .Likewise ,salary for the month of Feb which was due to be released in the month of March end  is not yet released.Inspite of multiple attempts to contact the management on Phone, no one has responded yet. Finally I went to the office to get accurate status.following is my finding.

1-Salary of all employees is released as per the normal practice. Only mine is withheld.

2-grounds for witholding is that the management says that since there was no business during that month,salary is not payAble.

3-I have an appointment letter tht says the management needs to give one month notice period before taking such steps.Vice versa for the employee.

4-No such notice was given.

5-I have always recieved my salary via cheque.however, most employees recieve it in cash.

6-since our company does not give any kind of employee benefits like pf, leaves , insurance, etc, there is zero deduction in salaries. the total strenght of in my office as on date is around 80 + employees.with salaries of most of them averaging out at 7000 k /month.supervisors earn in the bracket of 15k to 30 k a month.

7-In view of the above, please guide me as to how i can retrieve my salary for the month of Feb as I have reported to work without default on every single day and have never refused any kind of work that has come my way.

please advise.



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 3 Replies

Sanjay Yadav (Law Student )     14 April 2009

You have a good case.

badrinath (Sr.Manager-human resources)     15 April 2009

you can file a dispute before the appropriate authority and can claim relief. the appropriate authority in your case may be labour officer under the shops and establishment act. pl. contact the above authorities and they will definitely guide you.

the company is indulging in unfair labour and definitely you have a clear case to win.

abcdefghij (Service)     15 April 2009

thank you very much for you promt responses and guidance.


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