NIRAJ (NA) 15 May 2012

Need guidlines again contract with a pvt ltd company?

Hello all,
I had worked in Gov of India project: “Socio Economic and Caste Census -2012” as a computer operator thru “eagle software pvt ltd” which is sub company of “madars security printers’ pvt ltd”.

In our contract latter this is Cleary mansion that we will paid “monthly CTC of Rs.6500.00”. for maximum 45 days of project time limit.

I had start my work on 7-2-2012 and our project was done on 10-4-2012 so I had work 63 days (2 month and 3 days).

Now company is just paid me Rs.6500.00 which is monthly CTC amount of our contract. While I had work 2 months for this company

Dear friends I jus want to know that, “this behavior by company isn’t improper? As I think it is overrule of contract which is signed by company officer.
So, friends please give me your valuable guidance.

***if you want to read contract rules its scanned copy is available
Please click this link…
https://nirajniraj.blog.com/2012/05/09/cl/

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4 Replies

Anjuru Chandra Sekhar (Advocate ) 15 May 2012

It is improper. They do this because for a petty sum of Rs.6500/- you will not go to court, fearing Advocate fees which will be more than that amount. If you do not go to court, they will not return. The best way is to file a police complaint under Section 406 & 420 IPC and Section 357 Cr.pc. They will come for compromise by settling dues to close the case because people fear imprisonment. Apart from dues, also collect charges for filing complaint etc. and other costs you incurred, from them.

Kumar Doab (FIN) 15 May 2012

In adittion to advice given by Mr. Chandrasekhar

You may evaluate the options under

Payment of Wages Act, 1936

The Payment of Wages Act, 1936 applies to every person employed in a factory or a manufacturing unit to employees who earns less than Rs. 16,000 a month. It is a central legislation which has been enacted to regulate the payment of wages to workers employed in order to ensure that employers do not engage in illegal deductions and/or unjustifiably delay in paying wages to them. It applies to the persons employed in a factory, industrial or other establishment even if one is employed through a sub-contractor.

and may approach the O/o Labor Commissioner.

NIRAJ (NA) 21 May 2012

Thank you sir for your valuable guidelines

I had submitted a request latter in company for “FULFILL” all promise given in “offer latter”

Sir I like to acknowledge you that this is not only my problem, eagle company have contract in our whole state.(Gujarat)for SECC project Govt. of India.

There are minimum 250 operators (person)(in my Jamnagar District) being victim of this economic victimization, but most of them don’t get their “offer latter” so they don’t know rules of contract and correct amount of salary.

I am trying to fight and survive against this monster company.

Madras Security Printers Private Limited- Cheenai.

Eagle Software Private Limited-Chennai Subsidiary company

Kumar Doab (FIN) 21 May 2012

You may obtain copy of SE act applicable to your state from Labor Website or market.It might be mandatory to issue appointment order, notice of dismissal, wages slip ( salary slip) and Inspector can inspect the record and PF contribution should also be updated in record.

You may lodge complaint with all offices. All of you can join hands and may file class suit.Thus your expenses shall come down and since big number is involved result may be fatser. You can approach a trade union.All of you can also approach the political representatives/councillors of your area and create a noise.They can help you knock at the ofices of Chief Secretary,PM, Minister of Labor etc.

As per SE Act applicable to Delhi:

Sec.34

Question.13	What are the legal provisions regarding the issuance of appointment letters?
Answer	The employer shall furnish every employee with a letter of appointment which shall contain particulars such as (a) name of the employer (b) name and address of the establishment (c) the name, father's name and age of the employee (d) Hours of work (e) date of appointment.

30.	Notice of dismissal

(2)

No employee who has put in 3 months' continuous service shall terminate his employment unless he has given to his employer a notice, of at least one month, in writing. In case he fails to give one month's notice he will be released from his employment on payment of an amount equal to one month's pay.

(3)

In any case instituted for a contravention of the provisions of sub-section (1), if a Magistrate is satisfied that an employee had been dismissed without any reasonable cause or discharged without proper notice or pay in lieu of notice, the Magistrate may, for reason to be recorded in writing, award, in addition to one month's salary, compensation to the employee as follows:

The inspector can examine company records and also compliance to various acts including PF. Wages slip is to be issued and supplied