Pay scale dispute

eshwar (Querist) 01 June 2012 This query is : Resolved
one of my friend joined a firm of chartered accountants in july,2011 at that time the employer was offering Rs.10000 and employee(friend) Rs.15000.when he joined in, he got his salary @rs.15000 and from then on he got Rs.15000 till date.Now employer says he approved only 10000/- and wants to recover the excess paid earlier can he do so? he contends we paid employee by mistake @15000/-

Employer is a private enterprise.
employer wants to reduce the salary to 10000 and recover the excess paid earlier.
can he do so?

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Suhail A.Siddiqui (Expert) 01 June 2012
It is repeated payment since July,2011 .Mistake by an CA can not repeated such a long time.

Sudhir Kumar, Advocate (Expert) 02 June 2012
only Govt employer has such priviledge that too is justiciable.

Guest (Expert) 02 June 2012
The employer can reduce pay of an employee from some current date that too on proper justification but cannot recover the pay of the past period already granted by him.

eshwar (Querist) 02 June 2012
Employer is a private enterprise.
they gave employee salary for 15000 for 10 months.
employer wants to reduce the salary to 10000 and recover the excess paid earlier.
can he do so?
major question is can he recover previous payments made to the employee?

M V Gupta (Expert) 02 June 2012
He cannot recover the mounts already paid. The firm appears to be unworthy of service. Your friend should protest and oppose reduction of the salary. But ultimately, it is his preparedness to quit the service if the employer insists on reducing the salary

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