Cheque stop payment
Shailender Bali
(Querist) 11 August 2011
This query is : Resolved
I joined a company and worked there for 22 days. There was no appointment letter, no documentation but they paid me a cheque of Rs. 5200/- for 13 days working till July 31, 2011. The cheque was paid on 6th August and I deposited it on the same day. I told them on 8th August that I will not be continuing and my last day with them was 9 August,2011. They stopped the payment of cheque of Rs. 5200/- . I did not get any payment for whole 22 days. Is there any legal remedy available to me? How can I proceed ? The purpose of legal recourse is not the realisation of the amount but to teach them a lesson to not to underestimate the dignity of any employee. I have worked there for 22 days, Do i have the right to claim the payment. Please advice.
Advocate Rajkumarlaxman
(Expert) 11 August 2011
Indeed you have. to teach them you file a complaint against them under NI act 138 and 142 and even you can move to the Labour court if your employment comes in terms of labour or employer and employee relationship can be concluded from anything that can prove your relationship with company. First move a notice against them stating the facts therein . see their reply. if they reply in positive that you had been in employment then you can move to labour court.
Shailender Bali
(Querist) 12 August 2011
Thanks for your reply sir !
How will I prove my employment with them as there is no appointment letter and no other documentation. They have a very small and informal set up. How can i file complaint against them under NI Act section 138 and 142 ? I am from New Delhi.
SHIV KUMAR GUPTA
(Expert) 12 August 2011
you will prove employment through the stopped cheque.
s.k.gupta
9541523308
K.S.Srinivas
(Expert) 13 August 2011
Agreed with Mr.Rajkumarlaxman
