• Salary not paid and terminated without notice

I joined a Private Medical College in Jalandhar in beginning of March. Had to go for an advanced training / fellowship in April to Pune. When I came back the college authorities did not allow me to join and also refused me to pay me my salary for the period I worked. 
Can I file a case against the College in my hometown of Amritsar? Since I was terminated without a 3 month notice,  is the College not supposed me to pay me my pending salary along with a further three months pay?
Asked 1 year ago in Labour from Amritsar, Punjab
1) was your leave sanctioned? 

2) if you proceeded without sanctioned leave your services can be terminated as per your appointment letter 


3) it is necessary to peruse your termination clause in your contract to advice 
Ajay Sethi
Advocate, Mumbai
36579 Answers
2038 Consultations

5.0 on 5.0

1) issue legal notice to company pay your outstanding dues for period you worked for the organisation 

2) if company does not pay file winding up petition against company 
Ajay Sethi
Advocate, Mumbai
36579 Answers
2038 Consultations

5.0 on 5.0

Can I file a case against the College in my hometown of Amritsar? Since I was terminated without a 3 month notice,  is the College not supposed me to pay me my pending salary along with a further three months pay?

You have stated that you went to Pune for  advanced training / fellowship in the month of April, whether you obtained permission form the college authorities to attend this course? 
Whether you applied for at least leave for absence from the employment place for this purpose?
If the college authorities had approved your leave application or you were permitted to attend the course by the college, then their action of terminating your employment shall be illegal and invalid. 
You can issue a legal notice demanding explanation and reinstatement or three months salary in lieu of notice period.
Consult a lawyer and proceed with the issuance of legal notice. 
T Kalaiselvan
Advocate, Vellore
26527 Answers
270 Consultations

5.0 on 5.0

My leave was not sanctioned. But the salary for the period I worked was also withheld. Even if terminated was I not supposed to get salary for the month I worked. How to get my salary back for the period I worked?

If your leave was not sanctioned then your absence would be considered as unauthorised  and you would be declared as an absconder, therefore the termination action is justified and can be held legally valid act as per the rules.
However they cannot withhold the salary due to you for the period you were employed. 
You can demand it through a legal notice. 
T Kalaiselvan
Advocate, Vellore
26527 Answers
270 Consultations

5.0 on 5.0

The remedy is a suit for recovery to be filed at the place where the employer is situated or where the contract of employment was executed. Since you had gone on an unsanctioned leave the employer could terminate you in accordance with the contract. Be that as it may, the salary for the period for which you served cannot be withheld. Issue a lawyer's notice at first.
Ashish Davessar
Advocate, Jaipur
21602 Answers
580 Consultations

5.0 on 5.0

Hi, First you have to issue legal demanding the Medical College to pay your salary if they fail to reimburse your salary then you have to file a suit in the Jalandhar.
Pradeep Bharathipura
Advocate, Bangalore
4372 Answers
182 Consultations

4.3 on 5.0

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