Umakanthan53
Labour Law & Hr Consultant
Tushar.swar
Manager - Human Resource
+1 Other

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I had joined as apprentice development officer in LIC. In my probation period which started in January. I didnt get my salary till now which is june. This was all done by chief manager of my branch who was biased towards me. Reason cited unauthorized absence from office which also was not true and stopped my salary as disciplinary action. My salary is due for six months. Since I was not in my hometown I suffered a lot financially because of non payment of my salary. I informed higher authority many times through email but no response. In june I was told that my salary will be released If I resign from Job. Since there was no other way for me to choose. I reluctantly resigned from my job because I spent six month in a new town on my own expenses and I had no money left with me. my resignation has been accepted two days back. I want to do this job and withdraw my resignation. what should I do.
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Dear Udai,
first of all, Resignation can be withdraw subject to consent of both the parties. but, in your case, i don't think that, your superior or management may get ready for the same.
Secondly, i don't think that, withdrawal of resignation can solve the problem, in fact, it will be more harassing or mental tress for you, if you stay continue.
Better, i would suggest you to try to get your salary by hook & crook & Then move out.
for getting your salary, you take legal advise from our members.
But Tushar ji , This is a matter of forced resignation where I didn’t want to resign they forced me to do so. Can this matter be filed in labour court.
Dear Udai,
As i believe your working above labour category, so, you can file case in labour court, but, yes, you may file case, in Industrial dispute act. or Civil court.
but, how do prove that, it is by force..?
I think a salary is a right of an employee. They haven't paid me salary for six month just from the begining of my probation period. I was posted at a place other than my hometown. In a new town you need a place to live and other household expenses. All I bore on my own. How long will I be able to do it. That's the point I want to say. They forced me to resign by not paying salary
Dear Udai, as i have mentioned, you can’t file case in labour court, but, you may send the legal notice from any advocate regarding the claiming your payment.
As Mr. Tushar advised get advice of an advocate and send legal notice to the employer for your hard earned money.
Please study all india services ( death-cum-retirement-benefits) rules,1958, amended
Dear Udai,

Your narration of the episode of your allegedly forced resignation lacks cojency and clarity. First of all you joined the services of L.I.C as an Apprentice Development Officer and subsequently posted as probationary Development Officer from January.You were not paid your salary till June for which the reason you attribute is your Branch Chief Manager's personal bias towards you. L.I.C, being a Govt of India enterprise, monthly salaries of the personnel would be disbursed either on the last working day of the month or positively on the first day of the next month. That being the practice, how come that you have not at all been paid continuously for the 5 months since January? Whether the Branch Manager became biased towards you from day one without any valid reason? As far as I understand the basic role of a Development Officer is the improvement of the business in the base area allotted and this is assessed with reference to the new business target achieved by you through the agents under your supervision. Whether you submitted the periodical business reports, if any prescribed without fail in time? How do you expect to be posted in your home town only? When you were present on duty and done your job, how your superior would stop your pay on allegedly false ground of unauthorised absence and personal bias that too for a consecutive 5 months? L.I.C employees are a highly unionised lot up to Officers' level. Had you been denied your monthly salary for 5 successive months on the false allegation of unauthorised absence, what prevented you seek redress through the Officers' Union? You have not mentioned whether all the pending salary was paid to you on the acceptance of your resignation. No reasonable person would believe that an Officer on probation in a P.S.U like L.I.C of India would be asked forcibly to submit his resignation out of sheer personal bias of the immediate superior. How would you prove that the resignation letter was obtained from you forcibly? Thus, many unexplained gaps are conspicuously present in your part of the story and as such no one will be in a position to suggest an appropriate remedy to your problem as it appears to be. Still if you feel that you were victimized for no fault of yours, seek remedy through Civil Court.
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