Hello,
Send a letter to them requesting them to release the pending arrears and if they do not do so then file a writ petition under article 226 of the constitution of India before the High Court.
Regards
Arrears after Resignation - Non Disbursement
I am an Ex- employee of a public sector bank. Now the status of the bank has changed as it is taken over by LIC. I joined the bank in 2013 and resigned in 2018. The wage revision for period 2012-2017 was concluded after my resignation in Sept, 2018. The arrears were disbursed to existing employees in Feb,2019. But the same were not released to ex- employees and the time frame within which ex-employee a will get arrears was also not given. Ad-hoc arrears disbursed in 2016 towards wage revision were recovered at the time of resignation and lien marked in the savings accounts and are lying there. What are the legal options available.Please guide.
Asked 7 years ago in Labour
11 Answers
Issue legal notice to bank to pay arrears of salary
2)if bank fails to disburse arrears file writ in HC to direct bank to pay arrears
Hiii, Can the legal charges incurred also be recovered from the employer. Secondly, I had sent an email, for which they replied that release of arrears is pending and didn't mention any tentative date by which they will release them.
Asked 7 years ago
It will not be possible to recover legal charges if you file a writ in the HC.
Regards
See you can wait for while if the arrears are not released then according to the jurisdiction an application can be filed before the Central administrative tribunal/High court to get direction for PSU bank to release the arrears.
The PSU shall not pay the legal charges in normal circumstances though court may impose cost or interest on delay.
You need to send a legal notice to the employer after the same you can file a Complaint to the labour commissioner and try mediation. If not resolved you can pursue the same before labour court
you can claim legal expenses from employer
file writ in HC to claim the arrears from bank
Please send them a notice first and side by side file an application for the recovery before the labour authorities of the area on the basis of the mail you received, it will be better that if amount if known to you then please mention the amount also.
You first exhaust the remedies by submitting an application seeking payment of arrears amount due to wage revision as per your entitlement, let the management give a reply, if denied then you may approach appropriate court of law seeking direction to pay the arrears.
The legal charges cannot be recovered from employee unless there is an order by court to that effect.
You may have to wait for a considerable period if the employer has stated that the same is being considered after which you may initiate legal process for recovery.
Dear Sir,
Be informed that such issues cannot be solved through Emails. Better share all your documents with any local lawyer having experienced in service matters and get issue a legal notice followed by a Writ Petition.
