Arrears of contract employment
Querist :
Anonymous
(Querist) 23 October 2011
This query is : Resolved
I am an Engineer working in port of cochin(Govt establishment) .I was employed on contract basis and has recently become got became regular employee(permanent).My employment contract terms and conditions says my salary will be same as regular(permanent) engineers &
if there is any increment in salary of regular(permanent) engineers the same increment will be given to me.When new pay commision was implemented there was a hike in the salary of permanent engineers,but me being a contract engineer that time was not given the hike .After a lot of writing to the management they hiked my salary to the same level as pemanent engineers but it took almost 6.5 months but without any arrears.So I have asked (wrote a letter)for arrears which they have not given me.Are they not supposed to pay it as per my terms and conditions?What should I do if they dont pay me my arrears?Can I ask for a reply under RTI act so that they can give a just answer?What should I do if they say they have financial crunch and not in capacity to pay my arrears(Pls note it is a Govt establishment running in loss)?Can I put a case and will court support me even if the Govt establishment is in loss?
Guest
(Expert) 23 October 2011
Irrespective of whether the organisation is a profit making or a loss making entity, it has to abide by the terms of employment entered in to with you till you are in service. The courts will definitely see the rationality aspect of the act that is supposed to be there on the part of the employer.
prabhakar singh
(Expert) 24 October 2011
A writ is the only suitable remedy in your case.
