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Indian Law/Non receipt of salary in time


I am working in a cement company as an Executive (F&A), located in Guwahati, Assam. We didn't get our monthly salary in time, on current date i.e on 22nd August 2015 we have received the salary for the month of April 2015. While giving appointment they have not mentioned about this matter to us, I can show you my appointment letter if required. Moreover they deduct our salary for late coming at office. We have to punch while entering in office premises & exit from office premises and the timing is fixed to sharp 9:30 am to 7 pm. If anybody late even by 9:31 am for 7 days in a month then they deduct 1 day salary, for 10 days 2 days salary, for 13 days 3 days salary & for 15 days 5 days salary deducted. If we have to leave the company then we have to give 2 months notice period otherwise we will not get those 2 months salary. We have also requested and write a letter to CMD & MD of the company about the financial condition of the employees due to non receipt of salary in time but they totally ignore it & held few of us for writing this type of letter.
Request you to help & guide me so that we can get back our salary and relieve from this hell.
Waiting for your feedback!

Thanking You

As an employee,you are governed by the service rules of the Company.Normally in most of the companies,for three days late by 15 minutes per day in a month,one casual leave is deducted.Objective is to impose discipline within the organisation.But the rule mentioned in your Company seems to be too harsh.Just for 1 minute late,there is no justification to give any punishment.This rule may be challenged before the Labour Court.
It is also a serious breach of contract for failure to pay the employees salaries in time.You can lodge a compliant before the labour secy. of the state govt. as well as to the GOI through its grievance redressal site in the net.
Your case will be strengthen,if the above compliants are made through unions/associations of employees through proper channel.

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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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