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Indian Law/Allownces are not paid

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QUESTION: I tendered my resignation on 24 June 2013 with one month notice ( as per company rules) and continued in office to serve the notice period.

On 11 July 2013, I received the reliving letter dated 10 July 2013 which informed that my resignation has been accepted and relieved from 24 June 2013 itself.

The company paid the basic salary only in lieu of month notice. They did not paid ALLOWNCES(HRA/mdedical/PF etc.)  for the period 24 June 2013 to 11 July 2013 though I was present and working in office.

When I requested them to pay allownces for the period I served ( 24 June - 11 July 2013) they gave the reason that I did not work in office.

The question is 1. If my claim for allownces for the period 24 June 2013 to 11 July 2013 is valid ?

2. If the company can withhold the allownces on the allegation of not working  whcih is not true ?

ANSWER:  If you have served the requisite notice as per your terms of engagement,your employer is bound to make full payment to you.They cannot refuse to pay allowances on the plea that you did not work.Have they issued any notice for not working properly?Even if they have done it,withot holding a formal inquiry they cannot withhold your pay.
Accordingly,please serve a legal notice to them for the above.

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

QUESTION: Is there any other option availiable than the legal notice. The amount is only Rs. 30000/- for which expenses and time required is much more for going into court.

Answer
You can also make a complaint before the Grievance redressal Scheme of the Central Govt. through their site in the net.
You are entitled to full pay for the period you worked there after making necessary adjustment for shortage in notice pay.
Without holding formal inquiry,an employer cannot withhold pay of any employee.It is against the principle of natural justice.
Merely serving a legal notice is not at all expensive.Rather,it will creat pressure upon them to release the payment.

Indian Law

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Arun Kumar Maitra

Expertise

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.

Experience

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.

Organizations
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

Publications
Nil.

Education/Credentials
M.Com;LL.B;A.C.A;A.C.S.

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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