whether I should have to file Writ petition for salary dues??
Querist :
Anonymous
(Querist) 02 May 2011
This query is : Resolved
Sir,
In regards to my query stated as follows
I have been working in organisation on adhoc basis for 12 years and won the case in CAT for selection of the post which were held in year 2001. The CAT has directed my employer to appoint me on regular basis within 3 months and I was on adhoc tenure expiring on June 2010 when the order came in Feb 2010
After expiration of tenurei.e July 2010 I intimate my employer for implementation of order which was not communicated to me The employer move to High Court In Oct 2010 which has been remanded back to CAT. I applied for adhoc tenure for further extension which was declined in Nov 2010
I have already filed separate petition in this regard
Now my query is If I loose the case whether I am entitled for salary from July 2010 till Nov 2010 as I have already worked there?
Whethr I have to file separate Writ Petition in this Regard?
What will be the outcome as I have already given for more than 12 years in the Organisation?
Guest
(Expert) 02 May 2011
You are entitled to the salary for the period you worked. But, instead of filing a case, first of all you may just send a simple representation to the organization to get their response and reason why they would not pay you the salary. That may give you some solid ground to file a case against the organization.
Guest
(Expert) 02 May 2011
About the outcome, it cannot be stated with certainty. That depends upon the CAT in what spirit that takes. The hurdle can be that the organization can take the plea that you were free not to attend the job without taking orders from the competent authority, as your tenure was not extended beyong the date of expiry.
However, organization's not barring you from working for the organization beyond the expiry date will have a solid ground for you to claim your salary. Had they not intended to get work from you beyong June 2010, they could well have issued formal orders to relieve you from your duties.
