Cheque dated 1998

anand singh (Querist) 17 February 2012 This query is : Resolved
Dear sir

1. I joined M/S MSIL Palam Gurgaon Road on 22.10.1990 as 'L-03 Technician' and was confirmed in that capacity on 01.11.1991. During the tenure of service my work and conduct remained good. Due to some unfortunate happening I was convicted for murder by session court thus my service was dismissed on 28.06.1996, finally the order of dismissal was converted into an order of termination on 21.12.1998 by paying me one month pay and retrenchment compensation.

2. Thus, I was sent a cheque dated 21.12.1998 for a sum of Rs 83,226/- being notice pay as well as retrenchment compensation.But in appeal in high court,i was acquitted and I put an application for reinstatement in service.Finally I was awarded Rs 4 lac over and above what is already paid.As I was suffering from sheer depression and other family critical condition, I was unable to present the said cheque in my bank therefore that cheque remained as it is means not encashed.This cheque is with me.How I can claim a fresh cheque fronm maruti.pl advise

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ajay sethi (Expert) 17 February 2012
what were you doing for 13 years?

you can request the company to issue fresh cheque . if the company obliges you consider yourself lucky ,

validity of cheque is 6 months and you were sleeping for 13 years .

Guest (Expert) 18 February 2012
Agree with Shri Sethi. The employer is bound to issue a fresh cheque in lieu of the expired one to fulfil his obligation to pay the amount due from him.

Kirti Kar Tripathi (Expert) 21 February 2012
Though it is highly belated but since it was issued against your legal dues, you can again request for issuance a fresh cheque.I agree with Mr. Dhingra, Employer is bound to fulfill his obligations.

anand singh (Querist) 21 February 2012
Dear sirs thanks for the valuable comments.one thing more I want to clarify is, shall I send a legal notice(from advocates office)to maruti to issue a fresh cheque,if yes then how much time I should give in this notice.Thanks you sirs

Guest (Expert) 21 February 2012
Legal notice for what? The following questions arise:

1) Did M/s MSIL refuse to honour their liability for the cheque issued?

2) Did their banker dishonour the cheque on your presentation?

3) Did you at any time intimate them of the expiry of validity of cheque or to revalidate cheque or reissue of cheque in lieu of stale cheque?

M/s MSIL was not at fault in not honouring payment of cheque issued by them. Fault lied on you in non-presentation of cheque which remained only in your own custody for the last about 14 years.

Every issue is not solved by legal notices. Just make them a humble request to reissue the cheque in lieu of the expired cheque.

Kirti Kar Tripathi (Expert) 21 February 2012
you can simply make a request for issuance of fresh cheque. your request you should give full details of earlier cheque so that management can ensure the fact that amount under the earlier cheque was not en-cashed,

anand singh (Querist) 22 February 2012
A lot of thanks to PS Dhingra Sir and kirti kar Tripathi sir for showing me the right path in proceeding further.