Anonymous
7

One of our employees is having a marital dispute with his wife in Family Court. Now we have received a family court order stating that the employee has failed to pay the maintenance amount to his wife as per the Court order. Now the court has directed us in the capacity to Employer to deduct Rs. 3 lacs from the salary of the employee and deposit the same in the given Bank Account of his spouse.

Please suggest how to deal with this case.

From India, Delhi
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Umakanthan53
Labour Law & Hr Consultant
Saswatabanerjee
Partner - Risk Management
Vmlakshminarayanan
Sr.manager - Hr&admin
Srivastavacmlal
Master Consultant
Advocate Prem Chanda Yadav
Silvassa. Www.lawglobalhr.com

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vmlakshminarayanan
380

Hi, You need to obey the Court Order. However please whether it would be feasible to deduct Rs.3,00,000/- at one stretch based on salary slab of the employee.
From India, Madras
umakanthan53
5918

Dear friend,

When a competent Court of Law issues an order directing the employer to recover certain amount of money from the salary of his employee, the employer is bound to do it. However, when the amount is huge and the Court's order is silent about the amount and the number of instalments in which the said sum is to be recovered, it is better to file a clarificatory petition before the same Court putting forth the gross monthly salary, the statutory deductions to be effected and the net salary payable to the employee.

From India, Salem
Advocate Prem Chanda Yadav
7

Yes you should be comply court order if any details related to subject matter you like to share with court they will interfere.
From India, Mumbai
saswatabanerjee
2319

When you deduct the amount ordered by the court, it is important to note that under Payment of Wages Act, the deduction can not exceed 50% of the gross including deduction of PF, ESIC, PT, etc.

If the deduction is exceeding that amount, you need to ask your lawyers to file an application in the court explaining your inability to deduct the amount in view of the provisions of the act.

From India, Mumbai
srivastavacmlal
118

Dear Anonymous Citehr Member,

Our senior professionals, specially Shri Umakanthan M., has adequately replied to your query and the same is appreciated by me. I would seek permission to add by suggesting that copy of family court order received by the company may be given to the concerned employee and obtain his reply in a given period, if he desires to do so. Since it is not revealed by you whether the family court has indicated the amount to be deducted in instalments, if not then the suggestion of Shri Umakanthan M. has to be acted upon by the company by filing a clarificatory petition in that family court giving full details of the earnings and deductions of the concerned employee and obtain further orders from the family court. If the amount and number of instalments are given in the order, even then copy of the order by given to the concerned employee to seek his reply before making the deduction. It may be noted that no dispute will be entertained from the employee, only workability of deduction per month would be considered and informed to the family court.

Querist is requested to validate the answers as found suitable by him.

Regards,
Chandramani Lal Srivastava
Master Consutant
9315516083

New Delhi/Friday/23.09.2022/11:06 pm

From India, New Delhi

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