Legal Question in Banking Law in India
Cheque Bounce
Iam working with a Company from more than One year. Iam not getting my salary on time. Last month i got salary cheque for month of December 2008 and January 2009 and when i deposited in bank it bounced back. this happened twice with me.
Iam really very upsat what is my legal rights. Please advice. can i take a legal action.
Thanks & Regards
Nandita
6 Answers from Attorneys
Re: Cheque Bounce
First you approach the company authorities and demand a DD or cash.
Re: Cheque Bounce
Go for cheque bouncing and approach labour court if you are eligible under the law and get recovery done.
Re: Cheque Bounce
Dear Nandita,
You can request your employer to pay you in cash. or you may also file a case of chque bounse but it will not be favorable for you coz before filing the case you have to send a legal notice and they will pay the same in time and moreover they can retrench you also. but if they are doing so intentionally then file a case in labour court for harassing.
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Good Luck.
Re: Cheque Bounce
you have number of remedies, however i would suggestyou to take recourse to 138NI Act, you can sue the authorised signatory or directors of yours company. for better advice fee free to conatct me through ph 9888067997
Re: Cheque Bounce
You can take action under Sec.138 of the Negotiable Instruments Act against your employer for the bounced cheques. You must also take action under the labour laws, if you are a workman as defined in the Industrial Disputes Act. Better quickly consult a local lawyer to proceed suitably.
Re: Cheque Bounce
You may initiate criminal prosecution of cheque drawer but you may keep in mind that spoiling relationship with your employer may cost you the job.
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