SUBIR KUMAR SANYAL (SELF) 06 April 2020

Salary for last working month has not been paid by employer.

Serving 1 month's notice I had left the job from where I had been working. After 3 months of leaving the job employer issued me a cheque on several appeals. Then the Employer made a Stop Payment instruction to the bank. When I submitted the cheque in my bank, the cheque was dishonoured and returned due to stop payment instruction. Can I take any legal action to the Employer?? Please suggest.

Reply Follow

7 Replies

Real Soul.... (LEGAL) 06 April 2020

yes you can file a criminal complaint for checque bounce.;;;get the memo on checque and instantly issue the legal notice to your employer under checque bounce case and accordingly after that file the complaint under Section 138 NIA read with 142 NIA. Your employer has to pay the checque amount or he will go to Jail...But you should take instant action or you will lose the amounts

Gyan Prakash 06 April 2020

issue the notice under section 138
alongwith police complaint
for salary-labour officer
let me know if you need any further help

Mayank Gupta (Advocate) 08 April 2020

Yes, you should issue a Legal Notice upon the defaulter on the grounds of dishonour of cheque for a legally recoverable debt.

Please adhere to the time frame as provided under the Negotiable Instruments Act to protect your legal rights.

Vicky Joseph Cooper 08 April 2020

I would like to understand procedures of files by a case against a Bangalore based company on the grounds of Unfair Act, Uninformed Payments Terms, Cheating, No Documents provided while being Employed. Unconditional Terms and Conditions.

Vicky Joseph Cooper 08 April 2020

They have laid me off only willing to pay me for 15days and especially during this time where sickness and lockdown is very much active. I have documents to prove my potentials, sufficient proof of clients that I have reached out for Orders and also proof of Mess up done by the company with my clients which has hampered my work and has put my job on stake...

SUBIR KUMAR SANYAL (SELF) 09 April 2020

Thank you all, sirs. I shall ask you the way of filing a case

Ritesh Maity (Labour Law Advocate) 19 April 2020

Originally posted by : Vicky Joseph Cooper
	They have laid me off only willing to pay me for 15days and especially during this time where sickness and lockdown is very much active. I have documents to prove my potentials, sufficient proof of clients that I have reached out for Orders and also proof of Mess up done by the company with my clients which has hampered my work and has put my job on stake...

Surely you can challege such termination. However, it is advisable to discuss with a competent lawyer with all your documents before taking further steps. Since you have provided insufficient information, it is difficult to give you any further suggestions.