Law is clear, equal pay for equal work. You can claim it by approaching labor court.Certainly company will terminate you but you can claim relief from labor court.
Designation without pay raise
Sir ,mine is a club governed by company law ,which submits the pay scale structure to Labour department.Managed by board members elected every year among club members.served the company for 10 years now.4 years back I was designated from junior to senior post without pay rise.there is prescribed pay scale for my new post and my senior was given the pay scale.wrote 7 letters in 4 yrs to the Secretary n management.no reply officially.Difference amount for the post is almost 36k per month and now 17.6lakhs for 48 months pending.1can I file a case to get my arrears,compensation and implement pay scale?2. Will the company throw me out if go legally?
Asked 6 years ago in Labour
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10 Answers
A representation has been given by you repeatedly but to no avail. File a petition in the labour court for speedy redressal of tu our grievances. The last. Labour commissioner would in all probability hear the matter.
Regards
You can sue the company to recover your arrears and for implementing pay scale 2
Company may keep grudge against you if you go legally. They will not be able to terminate you but definitely will indirectly harass.
You refer to your employment offer letter for the conditions on promotion etc.
You cannot act just by precedence of an earlier employee's promotion and salary hike.
However gather evidence of the former employee's salary hie details and issue a legal notice to the club management about it and demand your arrears, if they deny then you may plan further legal action.
Dear Sir,
You are having merited case. Get issue a legal notice and file a suit for declaration and recovery of arrears or approach the labor commissioner or labor court.
it would be better if you raise this matter internally with company at higher level but since you asked legally, you can file an application before authority under payment of wages Act.
1. If in case the same post in which you are working is getting a high salary then you may move to take court and seek parity in the pay on the doctrine of equal pay for equal work.
2. Please share the facts in detail for a concrete advise.
Regards
Definitely company will take action against you either you go legally or illegally but this is also not good to work in such peculiar circumstances so before going to the court think twice and file an application with the Labour Court/ ALC for recovery of dues.
- As per the information mentioned in the present query, makes it clear that company can never throw you out just because of the reason that you have gone legally, in fact then y would afraid in taking any illegal action against you as they know that you might again go to court.
- Yes, you should file petition in CAT seeking immediate clearance if arrears and fixing the pay scale as other seniors (in terms of experience at that particular post) at the same designation.
- This is total arbitrary against you when the company doesn’t have any problem giving the same benefits to others.