Sridhar 21 October 2015

Salary cheque bounce for nearly 15 employees

Hello Everyone,

I have worked in a Company in Chennai from middle of February to May 2015 and I resigned that company as he is not paying us salaries on time..Out of my 3-1/2 months empolyment over there, he didn't paid my last two months salary (i.e. my April and May Salary). Actually we were about 15 members joined in this XXX company as a group. Almost everyone in the group have other opportunity with offer letters in hand from other ABC Company, but we trusted this XXX CEO and joined over here. At the time of joining he said we have sufficient funds and bla blah blah and asked us to join his organisation.

I joined in February and resigned it on May, while relieving he said our 2 months due will be paid on 7th of June and I got a mail from the HR saying to come and collect the cheque on 8th of June 2015. I didn't go there as I was out of town and after few days when I reached them, he started saying we will pay you after 45 days as this is the new company policy (which wasn't mentioned anywhere on the appointment letter), but as usual he didn't paid.

Now even our group left the company because of salaries issues from 12th of September 2015, they didn't even resigned they just stopped going to the organisation. So he called up everyone for a meeting and gave post dated cheques (including myself for 9th October 2015), but they said we are going to come only after cash got credited to our accounts, which didn't happend as there are no sufficennt funds in the companies account and things were just going round and round he gave us other day to deposit the cheque, we depoisted bank guys says there are no sufficeint funds in the account and come and collect the cheque back..this happend almost like two times for now..

So I want to file a case aganist him from my home town i.e., in A.P. and rest of my group is going to file a case from Chennai itself.

So my questions are:

1. Can I file a case in A.P., whereas my salary HDFC Branch is from Chennai and the cheque issued by my employer is also from Chennai Branch (But I deposited the cheques in A.P. Branch).

2. Apart from Salary payment issue because of him total about 15 members were on streets now..as most of us do have other opportunity at the time of joining his company we joined over here with trust..I left in May and still I couldn't find a suitable job till today..so I want to file what ever the section is for spoiling my carrer..

3. Because of all this I don't have mental peace and I have to sell my mom's gold for household things. (I do have proof of documents for selling the gold) so I want to add a case for disturbing my personal life..

4. CEO even says that the company is a start up and he didn't get profit from the company yet..if he say something like that is the case going to dissolve ??...(how can a start up company earns profit from day one itself ???...) he started it on Feb 2015 and by Sep 2015 no one is going to the organisation..and July and August salries are still pending for rest of our group...and mine for April and May..

5. He even didn't paid our PF and PT'S, but those amounts were dedecuted from our salaries.

Any help would be really appreciated..

Regards

Sri

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5 Replies

Kumar Doab (FIN) 21 October 2015

You have posted that:

---"I got a mail from the HR saying to come and collect the cheque on 8th of June 2015."

On the same email trail write every time, and mention that since the salary was never paid on time (mention each month and date of payment of salary and unpaid salary) and that is why you resigned under protest, and narrate that you were out of station and on dated………………. You visited to collect the cheque and Mr/Ms………………..designation………….dept…………name of the company…………address…………refused to handover the cheque and FnF statement (showing computation of earned wages,bonus,leave encashment, etc) , acceptance of resignation, service certificate, relieving letter, Form16 as per correct FnF statement, PF a/c number,PF a/c slips,ESIC card etc was not supplied.

On dated………… Mr/Ms………………..designation………….dept…………name of the company…………address…………handed over another cheque number post dated…………..

---“So he called up everyone for a meeting and gave post dated cheques (including myself for 9th October 2015), but they said we are going to come only after cash got credited to our accounts, which didn't happend as there are no sufficennt funds in the companies account and things were just going round and round he gave us other day to deposit the cheque, we depoisted bank guys says there are no sufficeint funds in the account and come and collect the cheque back”

You don’t have to go back and collect cheque from Bank. Let the bank bounce the cheque and supply you the Memo with reason of cheque bounce and original cheque.

The bank is making a pass on you.

Obtain cheque deposit slip duly signed and stamped with date from bank.

Once the cheque bounces, you have a stronger case.

---“ He even didn't paid our PF and PT'S, but those amounts were dedecuted from our salaries.”

Narrate it also in writing.

All of you join hands and stand as witness to each other.

Obtain detail of assets of company and employer and lodge complaint with:

Inspector appointed under; Tamilnadu Shops and Establishments Act, Payment of Wages Act

O/o Labor Commissioner; and demand to lodge police complaint also as the employer may disappear, and get him arrested.

Higher Officials of Dept. of Labor

Police Complaint u/s 406,420……….

Cheque bounce Complaint

RPFC

ESIC

And approach Employee’s/IT employee’s unions (there are many now and have done a good job)

Trade Unions e.g. CITU/INTUC/BMS/AITUC etc………..

And an able labor Law Consultant/service Matters lawyer/Law Firm, and your counsels can guide you.

Sridhar 21 October 2015

thanks a lot kumar for your detailed explanation..i will send the mail as in the format and inform my friends too about these things..once again thanks a lot for your time Kumar..

Kumar Doab (FIN) 21 October 2015

You are welcome.

The IT/ITeS employees united in recent case of TCS.

Act decisively.

advocatepassy@gmail.com 971794 (Advocate) 21 October 2015

Yes, you can file case against the company in AP, where you deposited the cheques and other colleagues can file cases in the jurisdiction of district courts where their branches are located in Chennai under section 138 of NI Act. Consult a local lawyer. Cheque bouncing is a criminal offence and you could be given double the amount. Other way is to file a case in Labour Court