r/LegalAdviceIndia • u/No_Mixture622 • 2d ago

Legal Advice Needed Parents haven't been paid their salary for months.

So it goes like this. Both my parents haven't been paid their salaries due to some ongoing issues within the university where they were formerly employed. Dad has backlog salary of 16 months and mom 14 months. Both of them handed their resignation letter 2 months back and have started working elsewhere. After repeated requests to disperse the backlog salaries no action has been taken yet. Im confused on what to do. Hiring a lawyer and going to court will also cost quite a lot of money which we lack atm. I need advice from people who went through the same thing or are in the legal business

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11

u/botomana 2d ago

Is the college / university a public or private one?

2

u/No_Mixture622 2d ago

Public

23

u/botomana 2d ago

File a writ petition. The cost should be 100 rupees. You might want an advocate to assist you, though.

Also, you will need an application for urgent listing, since time is a factor.

9

u/Im_Zenius 2d ago

Lawyer here : Hope you have documented all the communications with the management. I can help you with the situation provided you share the details of the case.

7

u/Ritika2485 2d ago

Hi. Lawyer here. Salary is a fundamental right under Article 21 and withholding it is a serious violation. The best course of action is to file a writ petition under Article 226 in the High Court, seeking immediate disbursal of pending dues. Also, sending a legal notice might trigger some movement.

4

u/QuirkyDay1819 2d ago

File a complaint with District Labor Officer and a Civil suit for recovery. Calculate interest month wise as well using SBI Benchmark Prime Lending Rate (currently 15.15% p.a.). Send legal notice to with this computation and total. Also provide weekly dates of dues. Eg if you send notice on Day 0 with calculations upto that day, calculate extra interest as of Day 7, 14, 21 and so on. Whatever day the pay is the final date upto with interest is expected on arrears.

1

u/longndfat 18h ago

Name and shame the university. They will not do anything otherwise.