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Indian Law/rule to get arrear for the period that i served


I am working in motherson sumi systems limited in noida and I resigned on 19/10/2012 with relieving date 2/11/2012. And recievd annual increment letter which is due from april 2012 but company didn't revise my salary and also not giving me the arrear from april 2012 to nov. 2012
I want to know whether I am entiteled for the arrear or not.
Please note that I have received the annual increment letter.

ANSWER: You are certainly entitled to the arrear pay revisions including all retirement dues, if any,done prior to termination of your contract.It will further strengthen your case,if you have received your last annual increment as per the revised scale and also have a copy of office circular regarding effective date of pay revisions.Further, you shall be entitled to the revisions provided you are covered by the agreement regarding pay revisions and they have not excluded your category say due to deputation,temporary,casual,probationer etc.

Please submit a representation through speed post to your HRD Head with a copy to your own HRD requesting them to pay arrear pay revisions.In case,you do not get any reply,please serve a legal notice,threatening legal actions ,if your dues are not cleared within a specified date.

---------- FOLLOW-UP ----------

I have one more query that company distributed the increment letter on 24/10/2012. And that time I was serving the notice period. But I have annual increment letter and now case is same or change.

Even if the increment related letter was served to you during the notice period,it will be applicable to you during your tenure in the organisation and till date of your release.It will further strengthen your case and compel them to pay all your entitled arrears,which you must claim at all costs.

In view of the above, please take actions as already suggested to you .Otherwise,you will never get any remedy in the normal course.

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Arun Kumar Maitra


Contract Law,Companies Act,Sale of Goods Act,Partnership Act,Negotiable Instument Acts,Constitution of India,Arbitration Act,Consumer Protection Act,Maternity Act,Payment of Gratuity Act,Payment of Bonus Act,Shops & Establishment Act etc.The answer to the grievance of the particular online query depends on the facts of the particular case and law applicable to it.However,my comments relating to the various queries raised through the "All Experts" should not be treated as legal advices and should not at all be relied upon.I do not accept any responsibility for them.They will only give you some ideas about the probable merits of your cases.Ultimate actions/decisions in the matter may please be taken in consultation with the Legal Experts in the relevant fields.My purpose of giving the comments is to increase my own knowledge on the subjects and share it with others.It is purely of academic interest to me. I strongly feel the more knowledge we share,the more we shall be able to learn because there is neither any age nor any end to learning.


I have experience of dealing with matters relating to holdings of board/general meetings,maintenance of statutory registers,filing of necessary returns with the RoC,obtaining licenses for import,replies to Parliament Questions,dealing with the Parliamentary Committees,appearing before various courts to defend my employers,filing affidavits/counter -affidavits,preparing written statements/re-joinder,giving advice to management on complicated legal issues,preparation,drafting and vetting of contracts etc. I have more than 35 years of experiences to deal with the Company Law and Other Commercial Laws of leading Organisations in the country both in Public as well as Private Sectors.

Member,Inst. of Chartered Accountants of India Member,Inst. of Company Secretaries of India; Member,Bar Council of India Member,All India Management Association Member,Delhi Management Association Ex. Vice-Chairman,Durgapore Chapter of the I.C.A.I. Expert ,CA Club India Expert ,Lawyers Club India Expert,AllExperts Ex. Faculty ,I.C.S.I as well as I.C.W.A of India Retd. Co. Secy. & G.M.(Law)/NFL(A Mini-Ratna A Schedule Central P.S.U.),New Delhi Ex.V.P.(Secretarial Dept.),Jaiprakash Associates Ltd. Ex. Co. Secy.,MAMC(A Govt. of India Enterprise),Durgapore



Awards and Honors
Obtained ''A'' Grade Certificate in the Parliamentary Procedure from the Secy. General of Parliament in 1994-95.It was in connection with a training course conducted by the BPE for PSU Executives.

Past/Present Clients
I am presently working as a Company Secretary in Old World Hospitality Pvt. Ltd.located in Delhi.It is engaged in Hospitality Industry.It has Units in India and abroad.It has been given the responsibility to look after operation & Management of ''India Habetat Centre'' located at Lodhi Road,New Delhi.

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