Legal Question in Employment Law in India

Company Cheats the employee

One of my cousin has joined a company in India on 21st Jan 2008. At the time of joining the company had told that he has to give one lakh rupee as security deposit. They told that they will return that money once the employee completes one year. The company paid his for the initial few months and then they stopped paying the salary. They paid salary for 7 months and for the past four months they are not paying salary. And one day he got a mail from the MD saying that he have been terminated from the job. He went to the office and asked about the security deposit and they were not willing to give it back. At the time of paying the amount they have given him a receipt for the amount. And also, he has paid the amount through bank cheque. What legal action now he can take against the company. Please advice us...


Asked on 2/17/09, 2:15 am

3 Answers from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Company Cheats the employee

You may consider filing a suit for recovery in the local trial court.

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Answered on 2/17/09, 11:25 pm
SHIVA SHANKAR REDDY M/S S&S LAW FIRM

Re: Company Cheats the employee

File a cheating case against the company and get the cheque bounced as well file case agaisnt 138NI act and furthermore take the matter to labour court and seek compensentation and you can also approach Company Law Board and ROC of local area to seek help.

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Answered on 2/17/09, 5:47 am
Pranav Desai PD Legal & Associates

Re: Company Cheats the employee

Your cousin can file a criminal case against the company directors and also if required can file a civil suit for recovery of money. You can also consider knocking the door of the labour court based on the type of employee your cousin is.

We may be able to assist you better only after receiving more information as to the contract and after perusing the receipt.

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Answered on 2/17/09, 1:07 pm


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