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Author Topic: Non payment of salary for work after rejoining duty from unauthorised absence.  (Read 1178 times)

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Offline surampudijagadeesh

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Hello to all, and an advance Happy new year 2016.  Dear sirs, I work in a public sector bank.  This year, i.e., 2015, was a very tension filled year for me due to my love marriage.  Since then, I faced several problems financially, career wise and health wise.  I absented myself without intimation to my bank for longer periods of time in three spells of 50 days 20 days and again for 55 days.  My wife has gone for studies elsewhere and I had to live alone since july 2015, when due to severe stress and my previous health condition 'rheumatoid arthritis' I developed diabetes and very high blood pressure and insomnia.  since september, due to some rumours from my relatives, my wife began to suspect me and as she shoots first and asks questions later, there were little bit of misunderstandings I am still trying to clear. 

putting that aside, after the unauthorised asbsence, I requested to join for duty stating the reasons for my absence and joined for duty from November 18, 2015.  since then I have been regularly attending duty.  My salary was stopped since july 2015, when I initially fell severly ill and since then I have not been paid for the days I have actually worked in between whcih was about 48 days.  and now, after a month of joining, I requested my manager to release the salary for the days I have worked.  But, they explained to me that salary cannot be paid until the leave is regularised.  I am unable to pay for my regular bills and send money to my wife which is ruining my marriage further.  even after explaining the situation, the bank has decided to initiate disciplinary proceeding and a domestic enquiry was ordered, which is deliberately being delayed.

I am in a situation where I cannot arrange for other financial sources and completely dependent on the salary.  I have been told the whole process could take a good six months before I would be paid any salary even if punishment was given.  I am in a very pathetic financial situation because of this.

Is there anything I could do about this.  Is there actually any rule pertaining to withholding salary for the days worked after unauthorised absence?

please guide me through.

Offline riteshmaity

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First, you remained unauthorisedly absent. But for such period the employer did not give you any charge sheet and show cause. There are after you joined the duty stating the reason and they accepted your joining.

Since, they have not issues any show cause or charge sheet during your absence and have allowed you to join, there is slight chance of legally establishing misconduct against you. However, they can to some extent.

Regarding your salary, they are bound to pay the salary. And even if they do not give or deduct any amount, they are bound to give you the details of such deduction in writing.

Still if they do not pay your outstanding as well as current salary, then you can approach appropriate forum to claim such outstanding dues along with compensation/ interest as the case may be.
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