Salary cheque payment stopped by employer
Calvin
(Querist) 21 April 2013
This query is : Resolved
Hi, my friend joined a mumbai based, real estate firm 45 days back. 2 days after receiving the 1st cheque, he took a leave because of illness for 3 days and informed the same. The company thought he absconded and stopped his payment. Now the company is not entertaining or giving his salary to him. He worked very hard on the job and he needs his earned money. Please advice with respect to further action.
Rajendra K Goyal
(Expert) 21 April 2013
your friend should send a notice u/s 138 NI Act. In case the payment is not received legal action need to be taken.
prabhakar singh
(Expert) 21 April 2013
Ambiguous statements enhances problems of friends.
better be frank to tell when was the cheque presented and returned uncollected with remark "stop payment"
Your friend were to send notice within a month from bank's return advice.
Does your friend still have time for notice?
if yes,send notice.
Meanwhile help your friend getting employed elsewhere.
Even if your friend has validity period for a case u/s 138 N.I.Act ,it would be a long course.
ajay sethi
(Expert) 21 April 2013
what is amount invloved in the cheque ? does the company want you to leave the organisation ?
has he lost hsi job?
Advocate M.Bhadra
(Expert) 21 April 2013
Send legal notice as per provision of sec.138 n.i.Act claiming money,if they would not comply then file a case in Magistrate Court.
Supreme Court of India on stop payment of cheque:-
M/S Laxmi Dyechem vs State Of Gujarat & Ors. on 27 November, 2012
Author: T Thakur
Bench: T.S. Thakur, Gyan Sudha Misra
, , , ,
REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NOS. 1870-1909 OF 2012
(Arising out S.L.P. (Crl.) Nos. 1740-1779 of 2011)
M/s Laxmi Dyechem …Appellant Versus
State of Gujarat & Ors. …Respondents With
CRIMINAL APPEAL NOS. 1910-1949 OF 2012
Arun Kumar Bhagat
(Expert) 21 April 2013
Your friend shall have to prove that the cheque was issued against salary account.
Calvin
(Querist) 21 April 2013
The amount is Rs27,938. The cheque was received on 11 April.... he deposited on 12th april and was on leave from 15-17 april... The company stopped the payment on 15th april itself... even after informing about the illness. The company is not taking him back on his duties... Please advice... Should we go to the labour court????
Calvin
(Querist) 21 April 2013
@ Arun Kumar Bhagat... How can he prove that the cheque was issued against salary account... Will the appointment letter be enough??
prabhakar singh
(Expert) 21 April 2013
Issue notice in writing asking to pay amount of cheque with help of a lawyer.In case payment is not made with in 15 days file complaint before J.M. with in 30 days.
Going before labor court seems good idea.
ajay sethi
(Expert) 21 April 2013
no harm in issuing legal notice . since company has refused to take back the employee and refusing to pay salry for peiod wherein he has worked issue legal notice under 138 NI to company .
prabhakar singh
(Expert) 21 April 2013
Yes!the appointment letter would be enough.
Calvin
(Querist) 21 April 2013
The amount is Rs27,938. The cheque was received on 11 April.... he deposited on 12th april and was on leave from 15-17 april... The company stopped the payment on 15th april itself... even after informing about the illness. The company is not taking him back on his duties... Please advice... Should we go to the labour court????
Calvin
(Querist) 21 April 2013
Thank you very much
Calvin
(Querist) 21 April 2013
Should we do an FIR before issuing legal notice under 138 NI????
Advocate M.Bhadra
(Expert) 21 April 2013
No need to G.D. or FIR to the Police for filing a case under sec.138 N.I.Act, return cheque,Bank's Note and appointment letter are enough evidence.
R.K Nanda
(Expert) 21 April 2013
agree with experts.
Raj Kumar Makkad
(Expert) 23 April 2013
Well advised by experts on all aspects of the query.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 23 April 2013
Some links seems to be missing in your story.
If your story is true than you should meet the employer and sort out the matter face to face.
For such such small amount you have to meet legal expanses, give time and results will take long time more than what you expect.
ajay sethi
(Expert) 23 April 2013
hence merely advised himn to issue legal notice . if he files complaint under 138 Ni cots of litigation would be more than cheque amount . even the company would not like to spend on litigation on such a small amount
