Legal Question in Employment Law in India

I have been working in an organization in chennai(India) currrently for 4 years now. In 2012 my salary was revised from Rs.14,000 to Rs.26,000. My payslip and revision letter is showing the revised salary correctly as 26000. But now in 2014 after 2 years, my employer is saying that i was overpayed rs.10000 extra for 2 years and demanding me to pay 2 lakh.

1. Since my pay slip and revision letter is showing 26000. i feel that i should not pay them 2 lakh.

2. Please clarify is it possible for me to defend my case in court ?

3. If not then should i have to pay them full amount or partial amount ?

4. Since the mistake is on employer, will the court accept my pay slip and salary revision letter as a proof ?


Asked on 9/29/14, 9:24 pm

1 Answer from Attorneys

Fca Prashant Chavan Expert Edge LLP

30.09.2014

Dear Sir / Madam,

1. Your contention of not paying the Company Rs. 2.00 lakhs is valid since the onus lies on the Company to prove that they have overpaid you.

2. You should surely defend yourself in the event the Company files a recovery lawsuit.

3. Let the Court decide on whether you have to pay any amount to the Company.

4. Yes, the Court will accept your salary payslip and salary revision letter as valid proof.

Regards,

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Answered on 9/30/14, 6:16 am


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