Help me with section numbers
vaishalee
(Querist) 07 March 2012
This query is : Resolved
i filed a case against autonomous body of gov.in educational department.for my termination and for withholding salary without any reason and also for not paying my salary for the last month i served them,
i collected proofs against it which are totally in support of me.
i read rules about offence of payment of wages act but it says a penalty hardy of few amout.
my query is can i file a case regardong this?
under what section i should file it/
for first 3 years i was on ad hoc basis then for three years contract bt on first year of contact when i was on probation on (4th year of total service aprox., : finally after 10 months of sevice on contract ,transferd adversly and then terminated), higher authority started tourchin. me,by cutting salary on various occassions ,withheld my salry without any reason,not paid my last salary till date ,not paying me arrears by 6th pay cmsn.as they wanted me to be out and they can fill the vacancy with their favorite persons(i even do not know hw much arrears i should gt? and is it only for contract and regular employees and not for ad-hoc? is there any rule for it? pls guide me regarding this too)
Kirti Kar Tripathi
(Expert) 07 March 2012
Since Payment of Wages Act applicable only up to the wages limit of Rs.10,000/- and as I presume you must be getting more than Rs. 10,000/-P.M. The provisions of Payment of Wages Act will not applicable in your case. However, since the the Institution in which you worked is a government educational autonomous body, it is a State under article 12 of the Constitution of India and as such you can invoke writ jurisdiction of High Court, in which you can seek relief for all your grievances in one writ petition i.e. termination, non payment of salary and dues etc., which is my opinion is best forum for you.
Raj Kumar Makkad
(Expert) 07 March 2012
You shall have to file a suit for recovery for your arrears before civil court as teacher is not a labour and only labour can go to opt Payment of Wages Act,
Sudhir Kumar, Advocate
(Expert) 08 March 2012
Please see if the institution is covered by State Admn Tribunal, if any. You have also not specified which state it is. If no SAT help avialbel then petition lies in High Court.Even labour Court doors are not shut for you.
Kirti Kar Tripathi
(Expert) 08 March 2012
The case neither maintainable in State Admin Tribunal nor she is workman. It wrong to suggest that only labour can file claim nder Payment of Wages Act.Every employee of a establishment as defined "Establishment" in the Payment of Wages Act can file claim under Payment of Wages Act. In the present case, only problem is as I understand is wages limit as prescribed in Payment of Wages Act. See, in case, in your state there exist any educational tribunal, then you can file your case in educational tribunal otherwise, writ is the best remedy. Civil Suit will involve huge court fee as well time.
