You are most close to the facts and probably are aware of the reasons for your transfer that too during sick leave and that too to Naxel Area. You may request in writing the good offices of your appointing authority, MD, company Secretary, Chairman, to let you examine your personnel file maintained at HO of the company.
What is the pay day for you, all employees and for employees at your designation?
It appears that you have supplied enough representations and reminders by phone and email to company after company did not pay the salary to you on date set for payment of wages and even till date. Company has maintained studied silence for non payment of salary to you.
--“Instead of replying salary issue they issued my transfer letter through mail on 8th Aug to my place to Naxel area.“
Apparently a scanned copy of the letter is supplied by email. You can claim that a backdated letter is prepared hard copy of which in original has never been sent and supplied to you.
Although company has effective means of communication available with it e.g. email, courier, registered/speed post etc.
How is hard copy of all communication sent and supplied by company? It is usually by courier and hardly any letter is sent by normal post. If so why copy of transfer letter is not sent by courier/redg post? You can allege that a back dated transfer order is manufactured and no reasonable time is allowed. It is felt that on 8th joining time is already over and now company may declare you absconding and process termination. Company may claim no new address was ever supplied and hence communication was sent at………
It is felt that news of transfer is never broken by any line management and HR even on phone.
--“and provide new address and bank detail and advise me to join at new area with in a week.“
Nowadays bank accounts are payable at par and RTGS, NEFT facility is available. It is not necessary to open a new a/c. The salary pertains to the month of July and should be paid in the same bank a/c without any tantrums.
If 1 week is not adequate you may demand more time. If company insists you may join at new location within a week and then avail time to transfer your belongings and family.
You may demand packers and movers charges, train ticket for self and family, transfer allowance, transfer leave, and advance to bear all these expenses. You may refuse to spend from your pocket moreover you are already under financial constraint due to sickness and non receipt of salary.
Submit for medical claim for payment at once.
Extend your medical leave if you are not well. However obtain proper bed rest advice from your qualified/specialist doctor, supported by medical certificate; diagnostic reports e.g. X ray, Ultrasound, ECG , lab reports etc.
Send proper reply to transfer order {scanned copy}.
You can raise your reservations /objections in writing for being transferred to Naxel Area and attach media reports, and request to call back transfer order and let you continue at your present location.
--‘ But there is no confirm train reservation till 15 september.
You may book your ticket whenever you are declared medically fit by your doctor and send the copy of the ticket to your company.
If you can establish the order of transfer is malafide, you can expect relief from courts of law.
Non payment of salary is breach of contract by company.
The termination of contract is initiated by company i.e. transfer or employee i.e. resignation.
In case you resign you may resign by notice of resignation and serve the notice or tender notice pay as per terms of contract and complete exit formalities.
Gratuity can be forfeited as per clause of forfeiture explained in Gratuity Rules of the company if company has its own trust and Payment of Gratuity Act Clause 4{6}.
In a given situation employee can invoke the Industrial Employment standing orders Act, Payment of Wages Act, SE Act, and ID Act as per explanation of employee under these Enactments or approach civil court.
Companies burn extra energy to convince employee that he/she is not a workman as many of the enactments favor employee and limit the choice to employer. However designation alone does not decide employee is a workman or not.
In your situation you may approach a competent and experienced service lawyer without wasting any time and proceed under expert advice. Your lawyer shall help you to decide the forum and future course of action.
While you are in employment obtain copy of standing orders of the company, HR policy, Employee rule book, Rules of Gratuity etc.
Delhi Govt On Standing Orders;
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Exhibition and supply of standing orders.-
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Acopy of these orders in English and in the regional languages of thelocal area in which the mine is situated shall be posted at themanager's office and in such other places of the mine as the employermay decide and it shall be kept in a legible condition. A copy of thestanding orders shall be supplied to a workman on application, onpayment of a reasonable price. A trade union in the establishment will,however, be entitled to the free supply of a copy of the standingorders, provided the union is one which is recognised by the employer.
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(4)
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Transfer.-
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Aworkman may be transferred according to exigencies of work from oneshop or department to another or from one station to another or fromone establishment to another under the same employer:
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Providedthat the wages, grade, continuity of service and other conditions ofservice of the workman are not adversely affected by such transfer:
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Providedfurther that a workman is transferred from one job to another, which heis capable of doing, and provided also that where the transfer involvesmoving from one State to another such transfer shall take place, eitherwith the consent of the workman or where there is a specific provisionto that effect in the letter of appointment, and provided also that (i)reasonable notice is given to such workman, and (ii) reasonable joiningtime is allowed in case of transfers from one station to another. Theworkman concerned shall be paid travelling allowance including thetransport charges, and fifty per cent thereof to meet incidentalcharges.
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You may also look into SE Act applicable to your state.
