Where shall I claim salary and service charge ?
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I was working in restaurant, But my salary was bit less to feed myself since we didn't get proper service charged . I decided to quit my job. I gave my resignation letter , 15 days is required for notice period before leaving the job. HR did not accept my letter and I took it back with me. The management revised my salary and increased by Rs.500/- , I was happy, I made up my mind to continue my job. On 1st April 2010, to my surprise, H.R. asking me to leave my job if I wanted to . The moment when HR asked me, I was taken aback !! and I felt like I d got fired and I replied him that if he giving me whole month salary I didn't mind to leave . He told me that even if he did not received resignation letter from me I would get my salary on time, that meant he fired me. If I left my job by my own , I could not expect to get my salary and service charged. He gave me clearance form, in clearance form all I need to do is to get signature from all department's head, All the clearance were done on that very day, I got all the signatures by the head of departments or duty in-charged and I left my working place right after clearance form was been submitted to HR, I was not absconding, I got fired by HR and cleared my due and left. This paper can be used as evidence letter that I was fired by him, since I got fire I am entitle or have right to claim my service charged and salary. When I turned up to get my salary on pay day, HR told me that I had to wait for 15 days, due to notice period was not made before leaving the job. ( there was no chance to give 15 days noticed since I’d got fired suddenly !) I waited. When I turned up on after 15days my salary (cheque) was not ready , all my colleagues got their salary by cash, even one of my colleagues who was fired from job, also got her salary by cash on 15. . He asked me to come after 4days again to collect my salary . I turned up, he made a cheque of which is half of my salary, saying that this was actual salary I earned due to absconding from job. I did not accept it , after along quarreled , he cancelled the cheque and made another cheque of my full salary . I didn t accept without my service charged, and left the place. From the starting he kept trying to delay my pay, I don t know!! does he has right to hold one salary without any reason like this !! I feel liked things is not fair to me that’s why I wrote this letter Can someone help me out where and how to claim this.???
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Answer:
From your narrative, your case appears to be case of cheating by the management. Hence you will have to file a suit against the management in Labour Court.
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