Facing Unpaid Salary and Penalty Issues: Can I Take Legal Action Against My Employer?

I have been working with a company that provides services to TATA MOTORS LTD. in its DTC LOW FLOOR BUS OPERATION for the last 5 years. A few days ago, I refused to perform my duty at the workplace because the salary was not credited until the 15th of the month, and I was facing a lot of problems due to this. As a result, I was penalized for 7 days of "NO DUTY" by the company. It has now been 2 days since my "NO DUTY" period ended, but I have still not been allowed to resume my duties. I have some questions that I would like guidance on:

1. Is any company permitted to mark "NO DUTY" for its employees?
2. Is it possible to file a case against the company for this?
3. Is it possible to reverse the monetary loss that I have incurred due to the penalty?

Please advise me on this matter as I am facing a significant problem at this time.

Regards,
Manish Verma

Dear Manish, If the salary was not credited by the 15th of the month, you could have approached this forum at that time and sought advice. The matter is now at an advanced stage. While the situation is not irreversible, by refusing to perform your duties, you have put your credibility at stake.

Necessary Information for Legal Assessment

Could you please provide your designation? How many people report to you? This information is necessary to determine the applicability of the Industrial Disputes Act, 1947 to your situation.

What is your total length of service? Were your monthly wages delayed, or were others affected as well? Have you attempted to present a collective representation to the HR department? If so, what was their response? Have you also considered approaching the MD of the company with a collective representation?

Steps Before Legal Action

Before taking the matter to the labor court, you might want to approach the Labor Officer in your area. Present all the facts of the case to them in chronological order. Determine if they can offer any assistance. Additionally, before contacting the Labor Officer, seek opinions from other senior members of this forum.

Thank you,

Dinesh Divekar

Salary Issues and Management Concerns

I am working as an Assistant Store Manager in the company since 20th July 2010. I have a separate section with 8 people working under me, but as the company has distinct workplaces with a total of almost 40 people working in the store department, I also oversee them. By the 15th of the month, salaries were credited to around 50% of the workforce (approximately 600 people) under the wage category of Rs15000 only, and the remaining employees had not received their salaries. Due to some monetary issues, I declined to continue working under these circumstances. I discussed this matter with my superiors, but they were unable to provide a satisfactory response. Furthermore, the HR department continuously misleads the employees. Consequently, I made the decision to take action.

I seek your guidance on how to proceed in this situation.

Regards,
Manish Verma

Dear Manish,

At this stage, you can seek an appointment with the MD. Explain your problem and find out whether he will reinstate your services. As you have not been issued a formal notice for termination. If the MD does not show any clemency, then your only option is to file a suit for non-payment of wages and prohibition from attending your duties.

Thanks,
Dinesh Divekar

Pay Scale and Employment Status

What is your pay scale? I feel you may not be covered under the ID Act due to being mainly employed in a managerial capacity. (Other learned experts may please comment on this aspect.)

Company's Financial Situation

Probably the company had/has difficulty with its cash flow, and a delay in salary has taken place. You are facing problems; how do you expect them to bear the expenditure on litigation? Your grounds for litigation are not too strong in my mind.

Employee Reactions to Salary Delays

Many employees did not get their salary on time. How did those employees react? Were they also penalized?

Approach to Management

I would go to the management and try to sort out the matter amicably by polite discussion and an explanation of personal problems.