Sudhir Puri
Asked July 01, 2016

payment of salary

  • 2 Answers
  • 75 Views

Dear Sir I worked in M/s Sawhney Builders Pvt. Ltd.,C- 21, New Friends Colony East, Delhi, for 8 years & two months. The company paid irregular salaries which created my salary outstanding for 8 months & 5 days. The company management made false promise to pay my money. But never fulfilled their commitment. Then, I resign from the services of company due to non-payment of my dues. But company refused to pay my wages & dues. From last one year, I am trying my best to get my outstanding money but they clearly refused to pay my money. Please help me in this matter. Sudhir Puri Mobile: 9953433960

Answers 2

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Saumya Gupta

A suit of compensation can be filed in your case for recovering your outstanding money. Non-payment of salary amounts to a breach of the contractual terms of service between the employees and the said Corporation[1]. It has been held by courts in various cases that in an event of where an employee has not been paid the due salary, he is entitled to interest or reasonable compensation. In the case of Jamini Kanta Das v. Dominion of India[2], the appellant alleged for recovery of arrears of pay and for damages for illegally withholding payment and for illegal discharge from military service. The appellant’s alleged that there was disregard of the terms of agreement in the payment and his salary was reduced from Rs 150 to Rs 65. The appellant thus discontinued from the service. The court in the case held that If a person is not paid the due salary which is payable, he is certainly entitled to compensation for such withholding of payment by way of interest or reasonable compensation which flow directly from the fact of the withholding of such payment. This was a case with respect to a person employed by the Government where the employment rules govern the obligation of the Government as the employee.

For a non-government employment,  you can also file a case under Payment of Wages Act, 1936. Basic wages under the Act includes salary.[3] However, you can only file a case under Payment of Wages Act if your case falls under the definition employer or employee given in the Act. In case the said legislation does not apply you must file a simple civit suit againt your empolyer for the breach of the employment contract by not paying the salary as soon as possible. Make sure you have the copy of your employment contract which gives the salary amount and submit it as an evidence to the court.  

 

                 Bihar State Construction Corporation Ltd., Kamgar Union v.State of Bihar, 1994(2)BLJR1110

 

 

            Jamini Kanta Das v. Dominion of India AIR 1955 Cal 45.

 

 

                 Municipal Corporation of Delhi v. Ganesh Razak, 1994 LLR 82.

 

 

Agree Comment 0 Agrees 11 months ago

Sudhir ji needful can be done in this regard. You are entitled for more benefits as you have served the company for 8 years. You are also entitled for gratuity and other benefits. You may contact me for any assistance.

 

Vivek Malhotra

Agree Comment 0 Agrees 11 months ago

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