Withholding of salary
Sir
We, 6 persons, were employed with Food & Supplies Department Haryana as temporary chowkidars through the contractor from [deleted] to [deleted]. Our attendance was marked by the concerned Inspector Food & Supplies. Every month he used to send our attendance sheet to the contractor who used to prepare the wages bill and put up before the concerned Food & Supplies Controller for releasing our salary. Despite submission of wages' bills for the months of April 2011 to September 2011 to the Principal employer, the latter had illegally withheld our wages of 6 months which amounted to Rs. 1,18,996 and, despite our repeated reminders, our wages were not released.
Aggrieved we filed a case before the Authority under Payment of Wages Act on [deleted] and had made the Inspector in-charge, the contractor and the District Food & Supplies Controller, Kurukshetra as the respondents. We had prayed for our wages along with interest and compensation for harassment. The inspector in-charge and the contractor admitted that we have rendered our services to the department and they had accepted and admitted the claims made by us but the District Food & Supplies Controller, by furnishing false facts and false affidavit as evidence, denied the claims made by us and rather claimed that we were not employed with the department during this period.
On the basis of the facts and the material on record, the Authority passed an order dated [deleted]. All the issues framed in this case were decided in our favour. The relevant part of the order is as follows:
1. That the applicants have worked as chowkidars during the claim period.
2. That the Principal employer, District Food & Supplies Controller, is liable for depositing the claimed wages, 1,18,996.
3. That compensation of Rs. 3000/ was to be paid to us.
Our grievance:
1. Despite being guilty of misleading the court and furnishing false affidavit, no action has been taken against the DFSC concerned.
2. Our wages were provided after almost 5 years.
3. Only a meager compensation of Rs. 3000 (Rs. 500 per head) was provided to us.
4. Interest on wages was not provided to us.
5. No cost was ordered.
6. Our case was disposed in 3 years which is violation of guidelines laid down in this regard regarding time limit in which such cases are to be disposed of.
Sir, due to financial constraint we could not appeal against this order but now we have arranged some finances and wish to initiate civil and criminal proceedings against the Principal employer.
Your good-self is requested to guide us about the remedies available to us and how and where we can avail these remedies.
Sir, we are poor people and this representation is being made through my relative.
Looking forward for a timely reply.
God bless u.
Thanks and Regards.
Davinder
Omparkash
ChanderMohan
Vikramjeet
Meghraj
Simla