Kedar Nayak (Manager) 05 May 2011

Notice Pay - Limitation Period

I was in service of a company where the Notice period was 3 months or payment of 3 months basic.I gave 15 days notice period when resigning in 2007 September , after that they also credited 2 months salary wrongly to my account .Subsequently I received a letter from HR in March 2008 asking me to pay the money , which I refused . Then again they sent me a letter in January 2009 which also I did not reply . Now in April they have sent a legal notice warning me that if I don't pay within 15 days they will initiate civil and criminal proccedings against me .No where in the letters or the legal notice have they mentioned recovery of excess salary. They are only mentioning notice pay .My question is

1. Can criminal complaint/or proceedings be initiated.

2. Can the suit for recovery be filed now after nearly 3 years and 7 months .(what is the limitation period)

Kindly reply as it is very urgent.

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1 Replies

pervez (adviser) 06 May 2011

Dear, the answer of your question lies in the querry raised by you. You have admittedly said that they have wrongly credited 2 months salary in your account. So, they are entitled for refund of the excess amount paid with nominal interest. As regards limitation, they will surely request the court for condonation of delay and will produce the letters written by them to you,even though the limitation has expired.. As regards Criminal action, the same shall not lie in the instant case...