Legal Question in Employment Law in India

My dad is working in MESCOM..My dad and his batch members received a increment in 2003. Now(after 12 years) the mescom is saying that by mistake they given that increment to them, also they are asking to give back the total increment which has given till now..My dad is going to retire this month.the mescom said they will cut that amount from the money which will give to my dad at the time of retirement..can they take it back? Because mistake is in their side..Pls help..


Asked on 5/10/15, 1:18 pm

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

11.05.2015

Dear Sir / Madam,

No, MESCOM cannot take back the increment granted to your father 12 years ago. The legal onus is on MESCOM to prove that the increment was given by error or an oversight, and to justify the reason for them to take these many years to notice and now attempt to recover the amount. Your father should also state that MESCOM's claim is totally unjustified, since the period of limitation of three years to claim and recover any amount has also elapsed.

Regards,

Read more
Answered on 5/10/15, 7:00 pm


Related Questions & Answers

More Labor and Employment Law questions and answers in India