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Sanjiv Kumar Chand   01 July 2015

Salaried cheque bounce

My employer had issued me 4 post dated cheques against my pending salaries. The first cheques was deposited and it got bounced because of insufficient funds. I met MD personally and he issued me another cheque in lieu of bounced cheque. But he asked me to talk to him before depositing the cheque so that the fund are arranged abd the cheque gets cleared. Now its more than 5 weeks i have been trying to reach him via Calls, Mails and SMS but he is not replying to any of media. What do i do secondly i am worried about other 3 cheques with June'15, July'15 and August'15 dates.

Please guide me.

 


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 6 Replies

rajagopal.s (Lawyer.)     01 July 2015

Hi 

As a first step, collect the bounced cheque and the accompanying memo .

Second step: Keep your appointment letter and other employment related letters handy.

Third step: Please send a legal notice by registered post to your previous employer about the cheque bounce. 

Step 1 and 2 need to be done within 15 days from the date of cheque bounce.

Also deposit the other cheques on the date it is due for presentment.

dr g balakrishnan (advocate/counsel supreme court)     01 July 2015

put all cheques with you in bank for collection if the cheques are issued though post dated but if date crossed then you can send for cleanrance, when retuned for reasons refer the drawer elements, then issue legal notice under sen 139 r/w 142 of negotiable nstruments act, but if the payments are not msde per the section, you can file the pric=vate complaint in JFMC related to our jurisdiction, then ensure the fight the matter duly n the court for necessary solution but ensure the cheques have to be deposited in your bank for collection within 3 months of the date of the cheques, that please ensure.

dr g balakrishnan (advocate/counsel supreme court)     01 July 2015

even bounced cheques you can redeposit for collection, for further bounces.

dr g balakrishnan (advocate/counsel supreme court)     01 July 2015

then  follow what what rajagopal said.

adv. rajeev ( rajoo ) (practicing advocate)     01 July 2015

You need an advocate to issue legal notice, so contact your lawyer

Kumar Doab (FIN)     01 July 2015

Act on the advise of experts.

 

You may also consult your counsels:::: employee’s unions/trade unions leaders e.g. CITU/INTUC/AITUC/BMS etc, an able Labor Law Consultant/Service Matters lawyer/Law firm

You should have firmed up next employment the moment first time salary was not paid on due/fixed date of payment.

The employee can lodge a complaint the moment the payment of earned wages is delayed even by a day and employer can be penalized say Rs.7500/instance.

 

You can also lodge complaint with:

----Inspector appointed under (name of your state)  Shops and Commercial Estabs Act If this establishment is commercial and covered by State Shops and Commercial Estabs Act and you are covered by def. of employee as in the Act. Your counsel may ask you a set of structured questions and may opine that you are covered irrespective of your designation and nature of duties and salary. This Act of almost all states does not discriminate between ‘Workman’ and ‘Non Workman’ and covers all employees.

 

----O/o Labor Commissioner if you are covered by def. of ‘Workman’ as in ID Act.

 

-----Higher officials of Dept. of labor………………..and drop a word that you are contemplating to approach media and unions…………and court.

 

---- Inspector appointed under Payment of Wages Act (within 1 year) if you are drawing wages upto Rs.18000/pm as per def. of wages in this Act, even if you are not covered by the def. of ‘Employee’ or ‘Workman’.

Demand salary slip of each month from employer and get it or thru Inspector.

 

-----Employee’s and Trade unions…………….

 

-----thru RPFC in nearest PF office (under proper acknowledgment) as if salary is not processed and paid the employer would have defaulted on PF and non payment is offence………….

 

-----Thru nearest ESIC office as if salary is not processed and paid the employer would have defaulted on ESIC and non payment is violation………..

 

-----thru nearest Income tax office as if salary is not processed and paid the employer would have defaulted on TDS and non payment is offence………..

 

-----Your counsels can confirm that you can lodge a complaint u/s 406,420 also and approach courts with ending up petition as unpaid wages are debt on employer.

Don’t give breathing time to such unscrupulous employers.


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