Subject Advice against Ex-employee
I would like to your help and suggestion on the issue mentioned below.
One of our ambulance met with an accident. It was proved in the preliminary inquiry that the accident occur due to negligence of driver. As a punishment it was decided that amount of Rs. 15000/- which was over and above insurance claim shall be recovered from salary of Driver in equal installments of Rs. 2500/- . An amount of Rs. 5000 was recovered and later rest recovery was waived off on humantarian ground. Later after a laps of around one year the driver left the job on his own and raised a confilict for removing him from service in illegal manner. The case was settled after mutual agreement.
Now again after a gap of nearly 15 month of settlement he has again raised a issue wherein he has requested court to accept his request under payment of wages act for unlawfull deduction of amount Rs 5000 which was deducted from his salary as punishment.
My question is whether court can accept his request after such a long period that too when he is not in service and we have already had settlement with him. Secondly whether his request is maintainable as he has raised issued after nearly three years of deduction from his salary.
Vinay 23rd July 2013 From India, Delhi