Salary cheque
Anup Kalarickal
(Querist) 23 June 2013
This query is : Resolved
Dear Sir,
would like to have your guidance & help on the matter as mentioned below.
I got appointment with a company they have not given any offer letter however latter wanted me signed agreement which denied to sign and i worked for 12 days in total & they ask me to get relive from the job as i was not signing the agreement without any offer letter. they issued a cheque for the 12 day i have worked but latter on made stop payment without any proper reason and they have intimate me that they have made stop payment.
i waited for a week and intimated that i would deposit the cheque as am in need of fund and on depositing it got bounce.
And now they are not responding so please help me how to move a head on the matter.
Regards,
Anup
Nadeem Qureshi
(Expert) 23 June 2013
Dear Querist
send a legal notice, if they are not ready to make the payment then file a criminal complaint u/s 138 of NI act against them.
feel Free to Call
Anup Kalarickal
(Querist) 23 June 2013
Dear Nadeem Sir,
Thanks for the suggestion
below is the email content what they have sent me in the content of stop payment of cheque.
"Your payment has been withheld for default in certain submissions.
So , if you have any check or instrument. Do not submit to bank. As same has been kept on hold.
The instrument you may have has been done ' stop payment ' till matter is resolved.
Which am not able to understand what they want to convey by above message.
Regards,
Anup
Advocate M.Bhadra
(Expert) 23 June 2013
To give proper advise we need to read Service Agreement and if find that there is a clause for one month notice from either side then the company has failed to do so.However you can send a Notice and subsequently file a case under sec.138 N.I.Act which is lengthy process of court.But it is not desireable that you have to bear litigation cost for recovery of 12 days salary.
Raj Kumar Makkad
(Expert) 23 June 2013
*Bhadra! The author has already told that he was not provided with the service agreement and was given only on 12th day of joining the terms of which were not acceptable to him and thus he was relieved on the same day.
In the given facts, if the amount is sufficient then better to engage a lawyer, issue notice to the company and then to file a criminal complaint otherwise it shall be a futile exercise.
Rajendra K Goyal
(Expert) 24 June 2013
Fully agree with the expert Sh. Raj Kumar Makkad Ji. Notice should be sent in time.
