• Harassment by private institute registered/affiliated under GTU/AICTE at the time of resignation

I had taken NOC from college 'A' where i was working at the time of applying in college 'B'. After successfully clearing the interview process at college 'B', I applied for resignation in college 'A' on 16 May 2018 wherein I requested them to relieve me from my duties on 30th June 2018. Principal received the resignation letter and gave me a received signature. After that they have not given me any written communication regarding the confirmation of acceptance of my resignation, confirmation of relieving date and amount to be paid by me against the notice period (if any). The 3 % yearly increment in the salary was received in the month of Apr and May 2018. But, the arrears of increment from July 2017 to March 2018 is unlawfully withhold without giving any kind of legitimate reason in writing for the period that I have already served the college. When I went to the principal with a letter to report the withhold of the arrears of increment, he refused to accept the letter and denied to give received signature on the application. I have sent them two reminders on 20th June (by email and hard copy through registered post) and 26th June (by email) but I haven’t received any written communication from them. The Principal had issued letter on 8th May 2018, wherein he has authorized the increased in my AGP from 6000 to 7000 after careful consideration by Performance Evaluation Committee for those who have completed Ph.D. However, this increase in AGP from 6000 to 7000 with effect from 01 may 2018 was not reflected in my salary of May. Moreover, I was issued this letter on 27 June 2018 (i.e. the letter was kept suppressed for 50 days). In my appointment letter at the time of joining college 'A', there is no mention of the clause of 90 days notice period. However, they are verbally asking me to deposit 69,202 Rs against the notice period of 33 day. I told them to give the same in writing and explaining calculation but they are not ready to give me anything writing and they have threatened to stop my salary of June and Gratuity. They say it is in the college rulebook. When I asked for the copy of the rulebook, Principal Sir said that he does not have the rulebook but Admin officer has. When I asked a copy of rule book from Admin officer, he did not allowed me to take photo copy of rule book either, instead he gave me rule book printed in 2007 for only for 5 minutes to read there only. The reason is that they themselves are running the institute without any rules and regulations and according to their own whims. On 30th June (i.e. my last working day in college 'A') they did not gave me relieving letter or experience certificate nor any valid reason in writing. Hence, I send them an email requesting them to stop harassing me unnecessarily. But instead, they have withhold my salary of June 2018. Gratuity is also pending. How can i get my salary, difference and gratuity?
Asked 7 years ago in Labour

3 answers received in 1 hour.

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8 Answers

You have not mentioned your status with the college, which is very necessary for obtaining any legal advise however I will advise to file an application before the Management Committee and if the decision goes against you then file a Writ before the concerned High Court for the relief.

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

1)You can approach the labour office.

2) Labour officer will treat this as industrial dispute and will call both the parties

3) If your employer is still adamant and does not pay you gratuity, approach some lawyer and send a lawyer's notice.

4) If employer does not respond to the lawyer's notice also then you are free to file suit against your employer.

Mohammed Mujeeb
Advocate, Hyderabad
19388 Answers
32 Consultations

OK , follow my previous answer because start in writing each and every thing not verbally.

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

Dear Client,

Approach Educational Tribunal for relief.

Yogendra Singh Rajawat
Advocate, Jaipur
23086 Answers
31 Consultations

issue legal notice to institute pay your outstanding salary dues for month of June 2018 and pay your gratuity

2) if institute fails to pay take recovery proceedings to recover your dues with interest

3) contact a local lawyer

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

act as advised herein above

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

First of all you should stop the habit of sending the communications by emails because that may not come into record.

You cannot gather them for evidence as documentary proofs in the later stage when the litigation becomes inevitable.

You can send a legal demand notice demanding all your dues from the college with correct details and the amount.

You may aproach civil court with a money recovery suit for the amount due to you.

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

i was working as an assistant professor in College A before getting selected as associate professor at college B

Whatever your designation be, you are entitled to the salary and increment including the gratuity etc.

They cannot deny you the dues to you.

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

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