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Chandan Tyagi (Lawyer)     04 November 2023

Employment issue_salary & experience letter on hold

Respected Seniors,

Please help me with this issue.

I was employed in a Digital marketing agency in Noida. Legally it is a proprietor business with GST

Before 5-6 months, some employees left the company after taking the salary and without serving the notice period.

To deal with this issue, company asked us to submit a cancelled cheque of 1 lakh (for training purpose) in back side - for legal team. There was no training done in any form. This was just to hold the candidates and let them go after serving the notice period of 30 days.

Due to the fund issue, company asked me to resign. I resigned in Aug 2023. I sent the resign email on same day. But company didnt shared the acceptance on the email.
Salary of July 2023 was supposed to be credited on 10  Aug 2023, but company hold July 2023 salary and was saying that it will be credited after 45 days of settlement.

Now company is not giving the releiving letters and salary and reason for hold- (a client didn't paid amount so we can give salary and documents)

My question---

1. does the cancelled cheque have any legal valFE13dity and can company claim that amount If I go in court.

2. how can I claim salary and document with the help of court.

3. 



Learning

 4 Replies

Sudhir Kumar, Advocate (Advocate)     06 November 2023

not understood how cancelled chue is coming in way.

Chandan Tyagi (Lawyer)     06 November 2023

Hi Sir,

Thanks for replying.

company is saying that if you go to court then we will present that cheque in court and claim 1 lakh for training. but company dont provide any training.

Before 5-6 months, some employees left the company after taking the salary and without serving the notice period. To deal with this issue, company asked us to submit a cancelled cheque of 1 lakh (for training purpose) in back side - for legal team. There was no training done in any form. This was just to hold the candidates and let them go after serving the notice period of 30 days.

Just want to know whether a cancelled cheque can be taken in court against me.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     06 November 2023

cancelled cheque cannot encash by the employer. why do you worry about it. 

T. Kalaiselvan, Advocate (Advocate)     08 November 2023

Cancelled cheque is not valid for any claim neither it can be presented before court for any reason.

You issue a legal notice to the employer demanding the due amount to be paid within 7 days failing which you can file a money recovery suit


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