Legal Question in Civil Litigation in India

Non payment of contractual salary

I am a post graduate in science. I have been working under a contract for more than a year. The period is for 3 months and gets renewd. I have been paid the salary for all the terms except the last 3 month period. After much coaxing, boss did pay up two instalments but is not paying the last one. He gives bogus reasons like the it is a contract and not a salary, hence subject to satisfaction of him. Although I have been sincere and productive. How can he find my work substandard when all through the year it was excellent. He has been trying to sexually harass me during the period. Now I have left in disgust but it is my right to claim the ''salary''. It keeps happening to outgoing staff every now and then . Hence I believe he has a shrewd attitude. Please advice.


Asked on 10/31/03, 9:32 am

3 Answers from Attorneys
Vishwa Arya Arya & Co.

Re: Non payment of contractual salary

Salary is only when there is a relationship of employer and employee. In your case it was a contract. Non payment of your remuneration is a breach of contract. You have right of claim of every penny for which you have provided services to the other party. Ofcourse, you can definitely file cases, both civil as well as criminal, for his sexual abuse. As regards your claim on contract, it would be more appropriate to have a look at your contract in order to appreciate the case in totality.

Regards,

Arya

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Answered on 11/01/03, 1:56 pm
Jayesh Desai Jayesh Desai

Re: Non payment of contractual salary

You may contact the local labour commssioner's office and lodge a complaint there. Including sexual harrasment and non payment of Salaray. This should be teh fastet and cheapest mode.

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Answered on 10/31/03, 11:22 am
Vivek Mapara Mapara Law Firm

Re: Non payment of contractual salary

1) Since u work under a contract, you can make Specific Pefromance of Contract. Other wise which is not allowable to enforce in Employment matter. But u can file this suit for the recovery of contractual money. If he feels ur work unsatisfactory then he would claim for a set off.

2) Regarding sexual haressment, u can make police complaint and also can file Criminal complaint against the person so involved

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Answered on 8/21/04, 4:23 pm


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