Claim by a school bus driver for salary arrears
MOHAMED FIROZ
(Querist) 04 September 2018
This query is : Resolved
A bus driver joined our school in 10-07-2001 left service on 31-03-2008. He filed a case for gratuity before the Asst. Commissioner for labour, and the same was settled in 2017 outside the court. He got the amount and signed declaring that he has no arrears due to him. Now he has filed a case in the Labour Court making a claim on the following grounds:1. Arrears of salary. 2. Overtime wages 3. National festval holidays wages 4.Leave wages 5. Bonus The school bus driver timings are 8.00 am to 9.00 am and 4.00 pm to 5.00 pm. (2 hours of driving per day). The school working days per year are 220 days only as fixed by the Govt. of Tamil Nadu. All festival days and Sundays are holidays. The drivers report only on the working days, and 145 days are holidays for them in a year. Salaries are paid on the first of every month and signatures are obtained in the salary register. Bonus is paid every year at 8.33% at the end of December every year. Since we have to maintain the attendance and salary registers for the past 10 years only, we have got them starting from 01-04-2008 only. Do we come under the Shops and Establishments Act ? Is he eligible to make a claim as stated above ?
Isaac Gabriel
(Expert) 05 September 2018
Since you are having records, you can defend the case based on records.This case will not fall under the TNSE Act.
MOHAMED FIROZ
(Querist) 05 September 2018
Thank you for your kind reply. I stated that we do not have the records for the relevant period since they are before 10 years. Please advise me as to whether he can make a belated claim after 10 years.
MOHAMED FIROZ
(Querist) 05 September 2018
Thank you for your kind reply. I stated that we do not have the records for the relevant period since they are before 10 years. Please advise me as to whether he can make a belated claim after 10 years.
Dr J C Vashista
(Expert) 09 September 2018
No claim is maintainable after 3 years.
Consult a local prudent lawyer for better appreciation of facts, analyses, guidance and proper proceeding.
