I joined as an apprentice development officer at LIC. During my probation period, which started in January, I haven't received my salary until now, which is June. This issue was orchestrated by the chief manager of my branch, who showed bias towards me. The reason cited for withholding my salary was unauthorized absence from the office, which was not true, leading to the stoppage of my salary as a disciplinary action. My salary is overdue for six months. Since I was not in my hometown, I faced significant financial hardship due to the non-payment of my salary. Despite multiple email notifications to the higher authorities, there has been no response.
In June, I was informed that my salary would be released only if I resigned from my job. Feeling cornered with no other viable option, I reluctantly submitted my resignation. The past six months in a new town had already drained my financial resources, leaving me with no money. My resignation was accepted two days ago. I am eager to continue in this job and retract my resignation. What steps should I take to reverse my decision?
From India, Jaipur
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In June, I was informed that my salary would be released only if I resigned from my job. Feeling cornered with no other viable option, I reluctantly submitted my resignation. The past six months in a new town had already drained my financial resources, leaving me with no money. My resignation was accepted two days ago. I am eager to continue in this job and retract my resignation. What steps should I take to reverse my decision?
From India, Jaipur
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First of all, resignation can be withdrawn subject to the consent of both parties. However, in your case, I don't think that your superior or management may be ready for the same.
Secondly, I don't believe that the withdrawal of resignation can solve the problem. In fact, it may be more harassing or mentally stressful for you if you continue to stay.
I would suggest that you try to obtain your salary by any means necessary and then move out. To get your salary, seek legal advice from our members.
Regards
From India, Mumbai
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208Secondly, I don't believe that the withdrawal of resignation can solve the problem. In fact, it may be more harassing or mentally stressful for you if you continue to stay.
I would suggest that you try to obtain your salary by any means necessary and then move out. To get your salary, seek legal advice from our members.
Regards
From India, Mumbai
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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.
From India, Jaipur
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From India, Jaipur
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Dear Udai, as I believe you're working above the labor category, you can file a case in the labor court. However, you may also file a case under the Industrial Dispute Act or in the Civil Court. How do you prove that it is by force?
Thank you.
From India, Mumbai
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Thank you.
From India, Mumbai
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Salary as a Right of an Employee
I think a salary is a right of an employee. They haven't paid me a salary for six months, just from the beginning 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 cover other household expenses, all of which I bore on my own. How long will I be able to do it? That's the point I want to make. They forced me to resign by not paying my salary.
From India, Jaipur
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I think a salary is a right of an employee. They haven't paid me a salary for six months, just from the beginning 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 cover other household expenses, all of which I bore on my own. How long will I be able to do it? That's the point I want to make. They forced me to resign by not paying my salary.
From India, Jaipur
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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.
From India, Mumbai
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From India, Mumbai
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As Mr. Tushar advised get advice of an advocate and send legal notice to the employer for your hard earned money.
From India, Ahmadabad
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From India, Ahmadabad
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Dear Udai,
Your narration of the episode of your allegedly forced resignation lacks coherence and clarity. First of all, you joined the services of L.I.C as an Apprentice Development Officer and subsequently were posted as a probationary Development Officer from January. You were not paid your salary until June, for which you attribute the reason to your Branch Chief Manager's personal bias towards you.
L.I.C, being a Government of India enterprise, disburses monthly salaries of the personnel 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 you have not been paid continuously for the 5 months since January? Did the Branch Manager become 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. Have you submitted the periodical business reports, if any prescribed, without fail and on time? How do you expect to be posted in your hometown only? When you were present on duty and completed your job, how could your superior stop your pay on allegedly false grounds of unauthorized absence and personal bias, especially for a consecutive 5 months?
L.I.C employees are a highly unionized lot up to the Officers' level. If you had been denied your monthly salary for 5 successive months on the false allegation of unauthorized absence, what prevented you from seeking redress through the Officers' Union? You have not mentioned whether all the pending salary was paid to you upon 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 a remedy through the Civil Court.
From India, Salem
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Your narration of the episode of your allegedly forced resignation lacks coherence and clarity. First of all, you joined the services of L.I.C as an Apprentice Development Officer and subsequently were posted as a probationary Development Officer from January. You were not paid your salary until June, for which you attribute the reason to your Branch Chief Manager's personal bias towards you.
L.I.C, being a Government of India enterprise, disburses monthly salaries of the personnel 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 you have not been paid continuously for the 5 months since January? Did the Branch Manager become 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. Have you submitted the periodical business reports, if any prescribed, without fail and on time? How do you expect to be posted in your hometown only? When you were present on duty and completed your job, how could your superior stop your pay on allegedly false grounds of unauthorized absence and personal bias, especially for a consecutive 5 months?
L.I.C employees are a highly unionized lot up to the Officers' level. If you had been denied your monthly salary for 5 successive months on the false allegation of unauthorized absence, what prevented you from seeking redress through the Officers' Union? You have not mentioned whether all the pending salary was paid to you upon 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 a remedy through the Civil Court.
From India, Salem
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Legal Clarification on Revocation of Resignation & Severance Dues.pdf
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