Deposit in bank by ex-employer without consent
S.AROKIADOSS
(Querist) 19 May 2014
This query is : Resolved
Sirs,
My son was dismissed from a Pvt. Ltd company unreasonably. His Salary for Oct 2013 which should have been paid on 31.10.2013 was withheld. On 16.11.2013 he was dismissed from service sighting flimsy reasons. This action was disputed in the court. After some counseling’s this matter was referred to the Labour Court in Chennai. My son was not ready to take the above salary and final settlement together as requested by the management during the counseling. Suddenly on 15.05.2014 before the case could be heard, the management deposited an amount in his savings account and informed my son through letter that his final settlement was deposited in his bank account.
My Question: Can the management deposit such amount as said without the consent of my son? Please advise how he should act pertaining to the money deposited?
P. Venu
(Expert) 19 May 2014
The deposit of the amount does not, in any way, affect your son's case. You may inform the court of the development when the matter comes up for hearing.
Dr J C Vashista
(Expert) 19 May 2014
Very well advised by the expert Mr. P Venu, I agree and appreciate his opinion.
The deposited amount has to be considered "without prejudice to the rights and contention of the parties" inform the court.
Rajendra K Goyal
(Expert) 19 May 2014
Well advised by the experts, agree to the advise provided.
Sankaranarayanan
(Expert) 19 May 2014
I do agree with experts. It will not affect your case at any cause. If the court given more amount of award then the company's duty to pay the balance. Just put the matter before court while in the next hearing
Kumar Doab
(Expert) 19 May 2014
It is not clear that the case is being represented as Party in Person or thru your Labor consultant.
You have every right to decline the acceptance of amounts deposited FnF settlement.
It should be preferably declined in writing.
The employee may also demand penalty (that may be Rs.7500/instance) for non payment of wages on usual pay day, penalty and punishment under Payment of Wages Act too, if this Act is applicable to the employee. The Act is applicable to all employees drawing wages up to Rs.18000/pm as per def. of wages in the Act.
ajay sethi
(Expert) 19 May 2014
agree with experts
T. Kalaiselvan, Advocate
(Expert) 19 May 2014
I too agree with the views of the experts on the subject. When the matter is sub-judice, the employer's act is unwarranted, the act of the employer may be challenged in the court during trial of the pending case.
