LCI Learning
Master the Art of Contract Drafting & Corporate Legal Work with Adv Navodit Mehra. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

RAMA KRISHNAK   17 March 2025

Settlement cheque not yet credited

Dear Sir

My Previous Organization had issued PDC of Settlement amount of 105047/- Dated 24th Dece'24.  There was email from HR department on 4th October 2024 that cheque will be deposited in employee account on the due date and cheque copy was issued.  Till Date the cheque is not yet deposited and no response is being received from the employer over emails/phone/whats app.

Cheque is becoming stale in 24th march 2025 (90 Days validity)

What should be done to recover the same.

Also there is lot mental stress because of this.

Kindly guide

Ramakrishna



 22 Replies

Dr. J C Vashista (Advocate )     17 March 2025

You have not yet been issued cheque, accordingly it has no validity (90 days)

You should ask for original cheque for the amount, if dues is not yet deposited in your account.

 

RAMA KRISHNAK   17 March 2025

Dear Sir

Yes I agree that cheque has not reached me but when i contacted my organization they had given email that cheque will be credited on the date mentioned which is still not done.  I have got the cheque copy issued in my mail for records... They comittted in january they are clearing the payment but nothing done so far.. 

They are not responding.  Cheque is valid for 90 Days sir Attached is the Cheque copy which they issued.

No response on emails however on whats app they have replied that they will clear but nothing has happened.

Kindly guide further

RK


Attached File : 1090204 20250317065712 settlement cheque copy.jpg downloaded: 40 times

T. Kalaiselvan, Advocate (Advocate)     17 March 2025

The validity of cheque b three months from its date.

But you are entitled for the cheque from the date of cheque itself.

You issue a legal notice through a lawyer demanding the payment of settlement amount within seven days failing which you can file a money recovery suit.

Real Soul.... (LEGAL)     17 March 2025

why don' you reminde them through written notice that the due amount is still not deposited , or issue alegal notice to initiate a complaint in labour court

RAMA KRISHNAK   17 March 2025

Respected sir

Already sent message through emails and what's app... They are not responding and have blocked the numbers now.  This their peripheral way of doing things.  

I think legal action will only support. An advise in this process is kindly soilicited.

RK

Real Soul.... (LEGAL)     17 March 2025

Just take printouts of email and cheque and all other settlement documents, handover and all that and issue a legal notice of short duration for payment. If they failed to pay you can claim the amount through court by way of labor complaint or court case (court fee applicable) or writ petition. Since they have already admitted the settlement amount they are bound to pay.

 

vaibhav jain (none)     17 March 2025

Take the Print out of Emails and whats app chat and sent legal notice under Ni ACT, also find out that H.R, Reports to Whom? is salary Cheque Sighned by General Manager or Director? Thank you

RAMA KRISHNAK   17 March 2025

Salary cheque is signed by the Managing director of the company.  

HR has mailed with copy to all directors and accounts team about credit.

However offlate they have started to block the calls and emails which is a negate in itself.

Also nobody is taking ownership as per my assessment.

They are only playing with each passing day 

RK

vaibhav jain (none)     17 March 2025

Then Approach a local lawyer and immediately send a Notice under Ni Act. Then immitiate me what steps he has taken under the required law. Thank you

Dr. J C Vashista (Advocate )     18 March 2025

You are sticking to the copy of cheque, which cannot be used for initiation of any legal against the drawer of the subject cheque. 

Contact and consult a local prudent lawyer for initiation of legal proceeding against your ex-employer

RAMA KRISHNAK   18 March 2025

Dear Sir
Please guide me on the following :-
1) If Cheque copy cannot be used as instrument for legal action which is received after 1 year follow up and 90 Days of wait for the payment realization post release of Cheque issued by them which they have retained at their end with an assurance given by email to credit on the due date.  All commitments given by them have lapsed.  what shoud be done
2) Now they are not responding over phone/whats app/email as well which makes me to wait in dark.  they have blocked the telephone numbers as well including the employees.
3) as an individual even am getting frustrated nowadays because of their actions.
4) what should be the correct way to approach them --- is it legal option or wait and watch option.

5) it is hard earned money sir and i find no reason why I should wait for such periods which should be a process--- is the law one sided on establishments and employee persay do not have a voice against such companies

vaibhav jain (none)     18 March 2025

Do you have original cheque? what is the Date on Cheque? Thank you

RAMA KRISHNAK   18 March 2025

Sir only cheque copy sent by them and the cheque is dated 24th December 2024.  Also they had given mail on October 4 2024 that they will deposit the amount on the due date.  Till now nothing has happened and no response from them as well.

Cheque issued in December getting stale by March 24

Dr. J C Vashista (Advocate )     19 March 2025

Please stop this thread as you have adequately been advised.

You are unable to follow the opinion and advise of experts obliged you, it is better to seek professional services of a local prudent lawyer.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register