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Dhananjoy Mondal   27 August 2017

Unpaid salary

Dear sir,
Good evening. I am Dhananjoy Mondal, a permanent resident of Village:
Ayodhya, P.O. : Bohar Dostrict: Burdwan West Bengal.
I was working in TM international School at Bharatpur, Rajsthan as a
teacher since 6th April 2016. I had a contract with them for three years.
It has been mentioned in the contract letter that if I want to discontinue
my service within this period then I have to give three months notice
period.
 On 8th July 2017 two  of my co worker came to  my home to threaten
me. So far as my knowledge is concern it was because of my promotion
in the school. Immediately I made a call to Mr. Heera Sing by
mentioning the incident.
 I was alone in Bharatpur and was feeling very insecure about the
incident that happened with me and so on  13th July 2017 I wrote a letter
to the secretary of the society  for
three months notice about discontinuing my service. 13 th was the
salary day. As I wrote the letter of  notice period, the management
hold my salary. Repeatedly I spoke to them as well as wrote e mails
regarding the payment of salary but there was no positive feedback. So I
decided to discontinue with them as I was not able to pay the bills. I am
also having a family and I have to look after them as there was no income,
I started looking for job. I made the school aware about my new job but
still they were not willing to pay. So from 1st august I joined some other
school to save my family as well as for my own survival. Around 50000
rupees is unpaid with the previous school. When I am asking the management
about the money they are frightening me by saying you breached the contract
legal action will be taken against you. I am having all the e-mails that
has been send to the school time to time but I don't have any copy of my
contract letter as the school has not provided one.

I had a good proffessional relation with Mr Heera Singh, but now when I am asking for the money he is completely avoiding me.
 Now my question is do I deserve the money that I earned with my sweat and
blood? If yes then what is the procedure?
Secretary of the school: Mr.Heera Singh
contact no. : 9414023374

Location: Bharatpur, Rajasthan.

Thanking you. Will wait eagerly for your reply.

Sincerely yours,
Dhananjoy Mondal
jobsdhananjoy@gmail.com



Learning

 17 Replies

Kumar Doab (FIN)     27 August 2017

The school is affiliated to which board?

Does the contract signed by you, mention that salary during notice period shall be blocked/stopped and paid after computation of FnF statement on LWD and vide FnF settlement only?

Did you request the school management to waive off the notice period/pay?

Have you gone thru notifications issued by state govt for grievances of Teachers?

Did you write to school to supply you the original of contract letter signed by you?

Did you negotiate with next employer to buy out your notice period?

Is there any united teacher’s forum of which you are a member that can take up your cause and support you?

1 Like

Kumar Doab (FIN)     27 August 2017

 

I have sent you links and you may relate your service conditions in contract with the link.

 

The teachers are not covered by the def. of ‘Workman’.

So you cannot/must not approach Labor Court and waste your time there.

The issue as could be under stood is that:

A Co-worker threatened you after office hours and you informed one Mr. Hira Singh.

Who is Mr. Hira Singh? Say; SHO in police station?

Or Principle of school?

Did you inform the police?

If you informed the school then did school initiate the inquiry by office and conclude it?

Did school made some arrangement to alleviate your fears to say; life and limbs by a Co-worker/employee of same school.

Did the school conclude that it was personal dispute after office hours and school has nothing to do and intervene in personal lives?

 

1 Like

Kumar Doab (FIN)     27 August 2017

The school may not have stopped the salary at all, if employee has tendered notice of resignation.

 

Also and more so, if employee has tendered notice of resignation due to threat to life or limbs, by a Co-worker, that was informed by you to school.

According to you, had the salary not been stopped you would have completed the service of notice period and nonpayment of salary lead you to state of dire financial constraints and unable to manage your personal/social/family/office expense/obligations.

Did you narrate it in writing to school?

 

You have also posted that you were promoted and so your service was meritorious, unblemished.

 

If you cannot establish any deficiency or delinquency on part of school then as per contract/service conditions as per guidelines/Act applicable in your case, you are to tender notice pay in lieu of notice period.

The school may supply you the acknowledgment and acceptance of notice of resignation, FnF statement computing earned wages/payouts/leave encashment/bonus/OT/reimbursements etc etc as per service conditions/contract and adjust notice pay and arrive at final amount payable by school to you or by you to school if notice period is not waived off………, salary slips of all months, service certificate, relieving letter, Form16, NOC/NDC, PF number and a/c slips/ESIC if applicable……….

 

If amicable settlement is not possible by your own skills then you may have try thru officials in Board/Dept. of Education and try with their intervention  or approach School Tribunal, ……..and try the fate of the matter on facts of matter……….

 

1 Like

Kumar Doab (FIN)     27 August 2017

You may discuss in person with a LOCAL very able counsel of unshakable repute and integrity specializing in service matters and having successful track record.

Labor/Service matters is altogether different filed of law and at each location there are very few counsels that specializng in it and they are very well known and such matters are refreered to them.

Civil lawyers worth thier salt do not meddle in such matters and refer to counsels that specializng in Labor/Service matters.

Thereafter you may understand merits in your case, options, merits in each option and very well apply your own judgment and proceed as deemed fit at your end.

Dhananjoy Mondal   27 August 2017

1.The school is affiliated to CBSE.

2. It was not mentioned in the contract that the salary willbe put  on hold after giving notice period.

3. I did not write to the scholl to supply me the original letter of contract.

4. There is no such united teachers forum from where I can get some support.

5. In a layman language Heera Sing is the owner of the school. His designation is secretary of the society. He inquired the whole incident and concluded it. The matter was settled after he had a word with those co worker.So, I thought its not that much important to move to the police station.  But after that mental harrasment began with me.

6. My financial condition has been narated to the school via e mails. Constantly I requested them about payment of salary. When there was no positive feedback I send a mail mentioning looking for a new job. I have all those mails with me.

6.

Kumar Doab (FIN)     28 August 2017

You should get original contract. Write to concerned authority that has signed the contract or that has kept the contract or Principle or Secretary or President of the society, whichever is the authority and/or Board /state govt official.

Kumar Doab (FIN)     28 August 2017

The Secretary may claim that personal matter of dispute after office hours with Co-worker(s) was addressed/resolved to your satisfaction and you should have served notice period. Only you know the details and facts and can comment best on it. In your last post only you have posted about mental harassment after the dispute was addressed. You alone know the nature and details of the mental harassment. Was it reason for not serving notice period? Did you document it? Do you have evidence to substantiate it.? The employer may not agree to mere aver meets, allegations? The agreement may give you space to claim damages?

Kumar Doab (FIN)     28 August 2017

Apparently the other only balance issue is Non payment of salary on said date of payment. The pay day is fixed as per contract or pay cycle or applicable enactments or rules or guidelines. Generically speaking it is maximum 7/10th of subsequent month. Go thru Shops and Establishments Act is as per Act provisions school is covered! Or applicable rules etc and find right and fixed pay day. In your case the salary is paid on 13th that might be after right pay day and delayed. If the dispute was resolved by Secretary then salary should have been paid. If you have narrated the financial hardships then it is good. Now relate the finer details that are only with you and determine the merits and facts by your side. Instead of losing your resolve and losing to rowdiness of bosses (if any), stern and fixed response to subdue a day tire the employee, keep cool and build your merit full argue etc and apply your skills of persuasion, persistence, reasoning, negotiation and attempt to get waiver of notice period and payment of salary till LWD.......... that is your objective and also all docs as already narrated in previous posts.....

Kumar Doab (FIN)     28 August 2017

If you can't resolve with your own skills then you have the option to seek help from authorities in society and outside so it from board/state or a local counsel..... and agitate in School Tribunal if you wish..... Preferably discuss with local counsel and show all records for a considered opinion...

Kumar Doab (FIN)     28 August 2017

Go thru the links that I have already provided you.

Dhananjoy Mondal   28 August 2017

Thank you very much sir. I personally requested so many times for the payment of salary, through official mail, through whats app, through phone call. Nothing worked. I discussed the matter with one of my senior who is a lawer.After listening to it and going through all the emails that I have he frankly said you can easily file a case but that will take 4-5 years and will cost 40000-50000 rupees. And may be finally youwill not get anything. The place is very remote and literacy level is also very less. May be they will turn the direction of the case in a different way. He suggested me to drop the salary and move on. But only thing that is hurting is I worked so hard but did not got the remuneration, this is disappointing me maximum.

I am feeling so  poor, I alone can not fight against them thats why I was thinking is there any online forum or any government department which can take care of the matter?

 

Kumar Doab (FIN)     28 August 2017

I have already provided you with the dept that you can approach and also School Tribunal.

Make an attempt locally and you can get detail of all online modes/portals, emails, phone numbers etc etc . 

Kumar Doab (FIN)     28 August 2017

I have sent other links and you may go thru and contact.

Your own seniors and lawyer can  update you further.

Kumar Doab (FIN)     28 August 2017

Employee should work sincerely and justify every penny of salary and should collect all dues from employer.

If employee gives up salry of 90days then employee shall be working for 12 months and getting paid for 9 months.

If employee keeps on giving up salary like this in every employment then you can very well imagine how much you are going to lose in life time/employment. 

Employer should all payouts penny by penny.


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