Increment arear

Other threads by the querist:

https://www.lawyersclubindia.com/forum/After-resignation-90942.asp#.U1VBXUeBmXU

https://www.lawyersclubindia.com/forum/Bonus-90943.asp#.Umf3NHCAqWM

>>> The judgment quoted by you is crystal clear.

Hence the arrears should have been paid.

Demand it from the employer: appointing authority,MD………… in writing under proper acknowledgment. You have your employee’s unions as well. Seek their support! Or Peruse thru your lawyer!

WRIT PETITION (CIVIL) NO. 246 OF 2011

ABP Pvt. Ltd. & Anr. .... Petitioner (s)

Versus

Union of India & Ors. .... Respondent(s)

73) In view of our conclusion and dismissal of all the writ petitions, the wages as revised/determined shall be payable from 11.11.2011 when the Government of India notified the

recommendations of the Majithia Wage Boards. All the arrears

up to March, 2014 shall be paid to all eligible persons in four

equal instalments within a period of one year from today (FEBRUARY 07, 2014.

i.e Date of Judgement)and

continue to pay the revised wages from April, 2014 onwards.

https://supremecourtofindia.nic.in/outtoday/wc24611.pdf}

>>> You should have been paid Gratuity also. If employer has not paid on its own you may write to appointing authority,MD……………that notice of determination of Gratuity has not been supplied to you despite representation in office and FormI is attached!

You shall be eligible for interest for the delayed period (1month after resignation) @10%pa.

>>> Bonus;  Demand it from appointing authority,MD……………in writing under proper acknowledgment……………………if you were eligible. The bonus should have been paid by Nov2013 or the company can be penalized.

The Bonus, Notice period/pay  has already been discussed at:

https://www.lawyersclubindia.com/forum/Bonus-90943.asp#.U1VXu0eBmXV

Was your service confirmed as per T&C stated in appointment letter! If not then notice period as applicable in probation period should have been applied.

You may meet a local Labor Consultant/service lawyer along with copies of job advt., job application, interview call letter, selection letter, offer letter, appointment letter, HR policy, service rules and regulations, standing orders, salary slips of all months, Form16A, emails sent by you, all communications exchanged by you in writing including on salary issues as pointed by you, list of all calls made by you and received by you (with dates, phone numbers, names and designation of company’s employees contacted, brief minutes of discussion), FNF statement signed by you (if available), resignation, acceptance of resignation,…………………………………..provide inputs in person and elaborate on nature of duties, issues, spend quality time with your lawyer, understand the merits and proceed under expert advise of your lawyer/law firm.

well elaborated by Mr Kumar Doab.

I AM RESIGN MY JOB WITHOUT 3 MONTH NOTICE PERIOD. IT AFFECT AREARS?

We are happy to note that the thread initiated by you at LCI has infused confidence in you.

The purpose of such social service platform        served.

>>> It is reiterated that:

“You may meet a local Labor Consultant/service lawyer along with copies of job advt., job application, interview call letter, selection letter, offer letter, appointment letter, HR policy, service rules and regulations, standing orders, salary slips of all months, Form16A, emails sent by you, all communications exchanged by you in writing including on salary issues as pointed by you, list of all calls made by you and received by you (with dates, phone numbers, names and designation of company’s employees contacted, brief minutes of discussion), FNF statement signed by you (if available), resignation, acceptance of resignation, Supreme Court of India decision mentioned by you…………………………………..provide inputs in person and elaborate on nature of duties, issues, spend quality time with your lawyer, understand the merits and proceed under expert advise of your lawyer/law firm.”

Online discussions have its own limitations.

The lawyer that has examined the docs on record and inputs can advice you the best.

Once you have understood the merits you may proceed under expert guidance of your lawyer.

>>> In it is stated in appointment letter/contract of employment that the employer/employee can tender notice pay in lieu of notice period, then either of the two is to be tendered by the entity that initiated the separation i.e. employer or employee.

If employer has adjusted/computed notice pay in lieu of notice pay in FnF statement/settlement then what is the issue?

The last day in office shall be counted as end of service/DOL.

>>> The notice period is not dependant on appointment letter/contract of employment alone.

In your case notice period of 3 months may not be applicable. Check with your lawyer.

You may go thru:

https://www.lawyersclubindia.com/forum/Whether-notice-period-has-to-be-given-during-probation-91808.asp#.UwDFP0eBmXU

If standing orders are applicable then any T&C in any private agreement that employer has signed with employee e.g. appointment letter/contract of employment, that is inconsistent with standing orders shall not survive.

If standing orders are not applicable then service rules and regulations/HR policy etc that is mentioned in appointment letter should also be looked into.

Notice period is also stated in (Name of the State) Shops and Commercial Establishments Act.

It has been mentioned in one of threads that Chief Inspector under this Act stated that notice period stated in the Act shall prevail upon notice period stated in appointment letter.

https://www.lawyersclubindia.com/forum/Employer-not-relieving-employee-contt-89308.asp#.UkP5C9KAqWM

Designation alone does not decide employee is covered as ‘Workman’ as in ID Act and ‘Employee’ as in (Name of the State) Shops and Commercial Establishments Act.

CHeck with your lawyer.