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ASHISH KUMAR SINGH   17 July 2020

Salary related issue in govt. department

an officer leave duration was sanctioned in october 19 but his salary was not provided after many months till march 20.
the officer was meanwhile selected on deputation in different organization but his lpc was also stopped for 10mnths he already complied all paperwork.can he go in human rights commission against harrashment and compensation. for delay release of his salary and not releasing his lpc till date just on false claims.


Learning

 1 Replies

Nirali Nayak   09 June 2021

Hello sir, greetings of the day.
As per your query, you must know that if your salary is being delayed or withheld without any reasonable cause then it is punishable by law. You need to send a detailed legal notice to your employer mentioning the reasons why you are aggrieved notice within 90 days from the lapse of salary payment. If you are earning less than Rs 18,000 per month then you can take actions under The Payment of Wages Act, 1936. Section 4 of this Act states that no wage period shall exceed one month. In case of any discrepancy or non-payment of salary one can approach the labour commissioner to seek redressal. And if your salary is more than Rs 18,000 a month then you can pursue the matter in a civil court by filing a case against the company in the civil court under order 37 of Court of Civil Procedure. The necessary documents that you need are a copy of your employment contract, bank statement to prove non-payment of salary, the joining letter and any additional details about benefits that you were getting.
Hope this solves your query.
Regards
Nirali Nayak
Law Student


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