Rights of an employee are governed by the nature of employment as provided under varied laws and the contract of employment signed with the employer.One would find a little degree of variation in implementation/assertion of legal rights of an employee from one type of employee to another based on applicable laws.Nevertheless, no matter how varied the laws are, the basic mandate of any applicable civil or labor law is employee welfare and their non-discrimination.
If, the salary is not timely paid to the employee, it would be difficult for any employee to pull on the livelihood. it is often advisable in such cases where the salary has not been paid to file a suit for recovery before the Civil Court of competent jurisdiction.could file an application under Section 33 (C) (2) of the Industrial Disputes Act for recovery of money due and for which the Labour Court has power, authority and jurisdiction to compute the monetary benefits and issue the recovery certificate. appropriate.
There have been many instances where writ jurisdiction has been invoked seeking unpaid salary along with interest on delayed payment of salary on grounds such as even in absence of statutory rules, administrative instructions or guidelines employees can claim under Articles 14, 19 and 21 of the Constitution of India, or employees cannot be allowed to suffer due to inaction on the part of the employer, etc. If the employee is assertive of any fraud by an officer of the employer company resulting in non-payment of salary, an employee may seek action against such person under section 447 of the Indian Companies Act 2013.
Recently a Chandigarh district court directed a very well esteemed university, The Desh Bhagat University to pay a sum of around 50,000 Rs. To a former employee within a term of 3 months. The petitioner in this case, Mr. Bikramjit Singh Kohli was hired by the university as the assistant manager for the international student’s cell and he was getting Rs. 25,000 as salary. He held the position till November 12, 2014 and then resigned stating personal reasons as well as professional reasons. He offered to serve his notice period of 30 days but the university locked down the very email accounts through which the plaintiff doing his work on the very next day. The university also filed a false case against him under section 138 of Negotiable Instruments Act, 1881 in relation to dishonoring of cheque. The court has ordered the university to pay Rs. 25,096 as salary within a period of 3 months, which if not paid the plaintiff shall have a right to an interest of 6% from the day of judgment till realization along with the principle amount. The court has also ordered the university to pay Rs. 25,000 as damages which if not paid, the plaintiff shall again have a right to an interest of 6% from the date of judgment to realization along with the principle amount.
Rest for case specific advice one can get in touch with best/top/expert Service Lawyer Advocate in Chandigarh Panchkula Mohali for his/her case.
This post is written by Abhay Tripathi. For more info, dial 99888-17966.