• How to approach against employer

I am working as a full-time consultant in a private hospital .i was assured a salary of 2.5lakh per month but they never paid my salary on time from start and also in parts. since I was bound by contract I never dared to leave the Institute.But at the end of the contract, they assured me that henceforth they will pay me on time .Also at the end of one year, they owed me an amount of 4.4 lakh which they agreed to pay by 4 posts dated cheque.Out of which one got bounced .Now again I owe an amount of 3.3 lakh with them but since they have not cleared my salary I have refused to resume my duties unless my salary is cleared as I am not bound by any contract. secondly, they are refusing to give salary now saying you were irregular in timings in last one year and also refusing to give form no 16. I have clearly intimated management that I cant give service to the hospital unless my dues are cleared ,because once i attend a patient it makes me duty bound . how should i proceed ??
Asked 8 years ago in Labour

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5 Answers

Hello,

Since you have the post dated cheques in hand you are on the better footing, you do one thing younpresent the cheque in the bank again when it will get bounce send them a legal notice for initiating criminal proceedings under section 138 of NI Act for dishonour of the cheque, and if they still fail to pay you after receiving the legal notice then you proceed and file a case in the court.

p.s: usually the person enters into negotiations after receiving the legal notice or after receiving summon from the court.

Other tedious alternative is to approach labour court with regards to non payment of the salary.

Regards

Anilesh Tewari
Advocate, New Delhi
18095 Answers
377 Consultations

1) issue legal notice to hospital administration to pay your dues

2) if they refuse to pay file summary suit to recover your outstanding dues

3) you can also file complaint of cheque bouncing under section 138 NI on dishonour of cheques

Ajay Sethi
Advocate, Mumbai
98513 Answers
8018 Consultations

You file a cheque bounce case agaisnt the hospital authorities and also file present the other cheques on due dates properly and on time, get them also bounced and then file cheque bonce case against the hospital authorities.

You do not have to resume duties in the same hospital if they are not regular in salary payment.

You can initiate proper legal cases agaisnt the hospital for their cheating attitude.

T Kalaiselvan
Advocate, Vellore
88715 Answers
2409 Consultations

you can file summary suit within period of 3 years .

2) the claim of Rs 9 lakhs made by hospital would not stand judicial scrutiny

3) resign and serve the notice period

Ajay Sethi
Advocate, Mumbai
98513 Answers
8018 Consultations

First of all you should understand the concept that no salary means no work, they cannot compel you to work without giving you the salary.

It is your mistake that you returned the cheque, now without the instrument in your hand you cannot initiate any action on it.

You can issue legal notice demanding your arrears of salary.

If they claim that you have to pay them Rs. 9 lakhs for irregular in attendance, let them give the details of your irregularity and computation of the said amount due to it, you can challenge it in the court because they themselves know that no such thing maintainable especially if they raise this issue after you claiming your arrears of salary and other allowances.

As far as resignation you may may follow the conditions mentioned in the employment offer letter.

T Kalaiselvan
Advocate, Vellore
88715 Answers
2409 Consultations

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