Jogendra Nath Swain
Asked November 17, 2016

payment of dues

  • 1 Answer
  • 827 Views

Sir, I am an ex-servicemen retired from Indian Navy on completion of my 28 years distinguished military service w.e.f. 31 Jul 2012. During Jun 2016 I joined in a Private Company M/s India Farmers Pvt. Ltd. w.e.f. 09 Jun 2016 in a capacity of Manager. Since then my MD paid my salary at his own discretion. 02 months he paid me on my request then after he tried me to involve with police for his company dispute between father and son. As a employee what should I do, finally I request his son on the permission of MD (father) for negotiation and found no result. ACP himself went farms office 8 times for settlement along with me to assist the old aged MD. In this process 02-03 months time taken. Due to that reason my MD paid my salary proportionately for 2 months then said me to take leave from 24 Oct 16 and not keen to clear my dues till date. Further he has not given me the appointment letter. What should I do?. While I tried to contact him, he is not keen to meet. I am due Rs.30,135/- from Company. What is the procedure to get back my dues. Kindly suggest please. Regards

Answer 1

The most common civil remedy for recovering money is Order 37 of the Civil Procedure Code, which allows a creditor (in this case, you will be the creditor since you are owed money legally due to you from your employer) to file a summary suit. A summary suit is disposed of faster, as compared to normal suits. This has to be filed before the District Court (mostly Court of the First Judicial Magistrate) in the place where your cause of action has arisen (in this case, where you were working, or where your contract for employment was signed). Once the suit is instituted, the summons are issued to the other party, and the defendant has 10 days to make an appearance. You will file a the suit against your MD and if he fails to appear before the Court then the Court will assume that your allegations are true and accordingly awards the suit in your favor. If the defendant appears, then the court accepts his defence only if it is convinced that it is substantial to the case in question. Please note that summary suits cannot be filed if the matter concerns a penalty, or an uncertain amount. Another option available is the Negotiable Instruments Act, 1881. However, this deals only with money arising from instruments like bills of exchange, or cheques which have been dishonored. In your case, this might not be applicable, unless you have a cheque from your employer, which has later bounced. You also have the option of initiating criminal proceedings against your employer, considering the fact that the ACP was also involved and knows of the background of the matter. The offence would mostly be under Criminal Misappropriation of Property or Mischief or Cheating. However, this might take a long time, and it is directed more as a punishment to the wrongdoer rather than ensuring your repayment. Lastly, one option for settling this matter is to go for Arbitration or Conciliation. These are out of court settlements, where both the parties agree to settle the matter among themselves, by appointing a common arbitrator. The important fact here is the willingness of both the parties to settle the issue. You may discuss this option with your employer and decide on the suitability of this option. However, it is important to know that Arbitration Proceedings are expensive, and your expenses might overshoot the amount due to you. In your case, the summary suit seems to be the best available option, since normal money recovery suits go on forever. The only point that you need to ensure is that you have some proof of your employment with M/s India Farmers Pvt Ltd. Since you do not have the appointment letter with you, the first two months’ salary slip/proof of payment into your bank account or any other such document may be used as proof of your employment. The most common civil remedy for recovering money is Order 37 of the Civil Procedure Code, which allows a creditor to file a summary suit. Compared to normal suits, summary suits are disposed of faster. Once the suit is instituted and the summons are issued, the defendant has 10 days to make an appearance, failing which the court assumes the plaintiff 's allegations to be true and, accordingly, awards the plaintiff. If the defendant makes an appearance, the court accepts his defence only if it is convinced that it is substantial to the case in question. Where the matter concernsThe most common civil remedy for recovering money is Order 37 of the Civil Procedure Code, which allows a creditor to file a summary suit. Compared to normal suits, summary suits are disposed of faster. Once the suit is instituted and the summons are issued, the defendant has 10 days to make an appearance, failing which the court assumes the plaintiff 's allegations to be true and, accordingly, awards the plaintiff. If the defendant makes an appearance, the court accepts his defence only if it is convinced that it is substantial to the case in questionThe most common civil remedy for recovering money is Order 37 of the Civil Procedure Code, which allows a creditor to file a summary suit. Compared to normal suits, summary suits are disposed of faster. Once the suit is instituted and the summons are issued, the defendant has 10 days to make an appearance, failing which the court assumes the plaintiff 's allegations to be true and, accordingly, awards the plaintiff. If the defendant makes an appearance, the court accepts his defence only if it is convinced that it is substantial to the case in question Answered by - Shruthee Srinivasan, Lawfarm Team
Agree Comment 0 Agrees about 4 years ago

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