Teachers are not covered as workman.
-“She did not sign any agreement before joining the institute. “
Probably you mean that no service agreement etc has been signed.
However has the employer issued any appointment letter?
If yes is there any clause on notice period/pay?
-“she resigned from the job”
Has she resigned in writing?
Probably the employer was also waiting for the resignation. It is a possibility that the employer has adjusted the notice pay and has squared off the FNF dues.
-“ College authorities asked her to not to come to the institute for some time and told her that they would conduct a meeting to decide upon the matter. She kept calling them but they never revertrd back”
She should have concluded that this amounts to termination and could have demanded compensation.
-“ he has no salary receipts but the proof of bank transfer.’
Employee may demand hard copy of salary slip to be supplied by redg. post only.
Under various enactments it is mandatory to issue and supply the wage slip, before the wages are disbursed and both employer and employee should sign it and thus confirm the correctness of detail of disbursement of wages and deductions if any made by employer……………….
It is mandatory to record in the wage slip issued to employee by employer: the earnings of the employees and deductions at source made by employer
Min. Wages Act 1948: Sec 18 (3)………….
Min. Wages central Rules (1950): Rule 26 (2) (3)……….Rule 26(2) Form (xi)…………
Payment of Wages Act: Sec 13A
CLRA : 78 (Muster Roll/Wages Register/Deduction Register/Overtime Register) 1 (a) (i) , 1 (b)…………………..
Shops and Establishments Act: Record and Registers: Employer should maintain register of employees, salary register and record of salary paid every month……………..
Under the factories act, a Labor Inspector can ask and issue a legal notice to the factory manager / occupier for showing the signed pay slip for last six month.
There are various threads which you may find useful e.g;
https://www.lawyersclubindia.com/forum/details.asp?mod_id=85677&offset=1#.UgSiSdKAqWN
Employee should never act in haste and should always consult elders, competent and experienced well wishers, lawyer/law firm before acting on his/her own……………….
The employee may look into her appointment letter/contract of employment and agitate on the basis of merits…………………………….If facts and merits are on her side she may submit her demand to employer, and proceed further based on the reply of employer.
