Rajib Banerjee 25 July 2018

Unsolicited Salary payment by Ex- Employer throuh direct RTGS to Bank a/c

Dear Sir

Humbly submitted the following fact for your kind advise please.

My friend working with a Indian Ltd company and resigned from service 7
months back and have joined and working with his new employer.However his old employer continues to pay salary through direct transfer to his Bank a/c but no intimation/ salary slip issued to him.
Now that company came back and demand refund of that money transfered .

Kindly advise legal status of their claim of refund and obligation of my friend.

With Best regrds
Rana BK
Bangalore

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6 Replies

Raghav Arora 25 July 2018

Dear!

In this case if your friend made his reasonable efforts after he recd. the salary to inform the employer by mail or any other medium, and still the salary continued to be credited to him, then he has no obligation. However, if he was getting the salary even after he had resigned and he knew about it coming and from whom it was coming(Ofc he knew), but he did not care to make efforts to inform the same to the company then he will be held liable by the court.

Good Luck!

Rajib Banerjee 25 July 2018

Dear Sir

Thanks for your advise.

In fact my friend send letter to Salary cell of that company on 3 occation and send it through post as the official mail ID was blocked by that company.
However my freind wish to return the money as he has no issue with that Company but what pre-caution he should take to avoid any future dispute.

With Best regards

Rajib Banerjee 25 July 2018

Kindly advise if he liable to pay gross Salary (i.e.P.Tax/TDS/PF contibution deposited by that company) or the actual amount credited to his account.

Thanks and regards

Raghav Arora 25 July 2018

In that case he won't be held liable as he had tried as any reasonable person would. If the company did not reply, it is their headache.

If he is ready to pay it would be better and he can ask for a settlement amount from the company as they have been at fault here.

The amount of salary should be the exactly what he received. The company may ask for interest on the money too, but again as they were informed through post, you can fight over the same and win it too. Engage a lawyer for the best advose in this regard when you send a notice or transact with them. He will be able to put words in a way that you are safe from any further hooks that the company may throw at you if the intentions are not bona fide.

Rajib Banerjee 31 July 2018

Dear Sir

Can my friend return the total exact amout (monthly paid over 7 months i.e Dec17 to June18) total about 3.04 Lakhs by a single cheque or shoud return 7 cheque of exact credit amount.

Thanks in advance for your kind advise please.

Thanks and regards