New LIVE Course: Learn the Practical Nuances of IPR Drafting by Adv. Gautam Matani. Register Now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

rakesh   11 June 2018

Threatened by superior for salary deduction for maintainence

my friend is a govt servant, his wife is threatening him about sending a letter to his superior asking him to deduct his salary and send her maintainence directly, to which the supervisor has agreed.he even counselled and gave a veiled threat to my friend that he will deduct his salary and send it to his wife. is this legal? without any maintainence case, how can his boss deduct his salary directly?

can he file a defamation case on his wife and harrassment and cruelty case on his boss for illegally deducting his salary

what are the other things he can do. pls advise


 4 Replies

Samarpan (M)99958670740 (Free legal advice and legal aid cell)     11 June 2018

The boss's proposed action is illegal.  But don't file any such defamation cases.  I(f he really deducts the amount from your salary without court sanction, then file a case for stay of such order and also recovery of the amount from the salary of the boss.

Aman chawla (DELHI HIGH COURT ADVOCATE)     11 June 2018

Sir, No employer can deduct any amount from the salary without the prior permission of the concerned authority or court. 

If he does so, please complaint this matter in the concerned authority.



Aman Chawla


Kumar Doab (FIN)     11 June 2018

Is the concerned employee being provided with salary slip?

The deduction if and when made may be reflected in salary slip.

If employee is getting threats and faced deduction on said reason (without any order) he has the right to approach good offices of appointing authority, MD,CEO……

Grievance Rederessal Committee (if notified and if IT exists)

employee’s/Trade unions leaders

Inspector appointed under enactments applicable to establishment/employer/employee e.g; Shops & Estbs Act, Payment of Wages Act, Min.Wages Act  

O/o Labor Commissioner

Civil Courts

Kumar Doab (FIN)     11 June 2018

However if the bosses are overactive, zealous IT si better to apply goodwill and rapport and resolve within the company with higher bosses or change to a company that has proper HR practices and will support employee that is going to face estranged spouse and probably litigation..

This employee needs to defend his source of livelihood and earnings in present or future companies..


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register