Harsh Kumar Mehta
Consultant In Labour Laws/hr
Administration Head
Hr Manager
Asso.prof.(commerce & Management) Pg
Statutory Complaince/labour & Employment
Vivian Chandrashekar
Aast. Gen. Manager-hr
Assistant Human Resource Manager
+1 Other

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Dear Team, We have an employee working in our company having a ongoing civil case. We are deducting his monthly salary as per the court order and paying this amount to his first wife as maintenance allowance. This employee is going to be retired in next month and his next hearing date which i have to attend is before his retirement. Employee has to pay a maintenance allowance of around Rs 2 lakhs.
Please advise do we need to give a letter to court also stating his retirement as employer was summoned by court for the recovery of this amount?
Please advise.
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Without a doubt you need to inform Court.
Seems you dont have any legal department or any legal representative in your organization to handle these things if im not wrong. Therefore, i advice you to take legal advice from the lawyer who is handling this case or any good lawyer which is really important for your Organization.
Second, to inform court about developments at your end related to employee and the respective court order is not just your responsibilities but a condition too. And i believe this kind of instruction have also been given by court in the documentation of order in any clause which needs to be considered again.
you have not made it cleary how you are paying the maintence amount to his wife, is it under section 125 Cr P.C or what. Surely you should disclose about the retairment date and facts to court.
Dear Anil/KK,
Surely we have a legal department in our company handling a vast portfolio which is important for the business and we have also very high repute lawyers working with us.
Just as a querry before approaching to them, i have raised this question.
Can you all please let me know exactly what have to be drafted in a letter to the court or just we should write down that he will be retring from the services of the company on........ this is fyi please etc.
is there any legal terminolgy to be used in it?
Thanks for sharing more information about your query and question.
Yes, you just need to write a "FYI" letter, that the employee is going retire from the service on........by referring the Civil Case No/ Details.
You also need to enclosed details of his present emoluments and benefits providing by you, details of the share you are providing to his wife, work period, copy of employment letter as supported documents and a copy of court order.
Lastly, please send the same by registered AD, so that, you can have a legal ref proof and document to strong and favour your support
No need to give letter to the court.
The court will ask him on his appearance in court on the date of hearing about non payment of maintenance amount.
Your payment liability arises as long as he is in your service.
Non-compliance of Hon'ble Court's order may result into contempt of court. Therefore, as suggested by Sh. Anil Aroraji, it is safe if before retirement, an application is moved in the hon'ble court stating therein the fact of retirement of employee and request for cancellation of orders of payment of maintenance charges to the wife of the employee after such retirement

You have not attached copy of the injunction order of the court directing you to recover the first wife's maintenance amount from the salary. Does it directs you to recover the full amount of Rs.2 lakhs by monthly recovery ? Is't only by instalments or the entire amount irrespective of whether it's from salary or from F & F settlement. Unless you provide the exact text of the directive we cannot apply our mind.

However, merely giving a letter to the court will not suffice. It should be in the form of Sworn Affidavit followed by personal appearance thru' your counsel under copy to the retiring employee. Probably the court will take on record the facts and position and might modify it's impugned order on the plea of the claimant if deems fit. This is necessary because speaking order will be necessary for recovery of sums from the F & F unlike recovery from salary. That too recovery from PF is practically not possible except when the nomination if it was regd.in her favour, is valid because the employee is still alive who is going to be the surviving claimant/recipient. Your advocate should guide you adequately to avoid inviting contempt petition against you.
Dear All,
Thanks for your valuable guidance.
Firstly, i would like to clarify that at first instance court had sent us a notice to recover 2, 65, 000/- in one installment only. Later on when we have appeared in the court that honble judge had passed the order to detach the half salary and to pay the same till the recovery of this amount.
Now employee will be retiring in next month and at aorund more than 2 lakh rupees are pending for recovery.
This is the case.
— — — - That’s it, you have to do as I suggested because probably there won’t be salary to recover any further in instt. so only option is his F & F settlement.
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