DIPTI SRIVASTAVA 83Based on the information you've provided, it seems like there are multiple issues at play:
Salary Deductions: If you believe that your salary was deducted without proper justification and without clear communication, you might have a valid concern. Employers typically can't arbitrarily deduct salary without proper documentation and communication.
Breach of Contract: Your claim that the employer breached the contract by making unauthorized deductions and not providing the agreed-upon salary is something that could be evaluated by a legal professional.
Resignation: If you put in a resignation and served notice, but your employer didn't accept it and then filed a case against you, it's important to clarify whether your employment contract included specific terms regarding resignation notice and acceptance.
Summary of Recovery Suit: The case filed against you for breach of contract and seeking recovery might involve various factors. To assess this properly, you should consult with a lawyer who can review your employment contract, the circumstances, and the claims made in the suit.
Given the complexity of your situation, it's crucial to take the following steps:
Consult a Lawyer: Seek legal advice from an employment lawyer who can analyze your employment contract, the deductions made, your resignation, and the case filed against you.
Gather Documentation: Collect all relevant documents, including your employment contract, salary slips, communications with the employer, and any other evidence that might support your claims.
Respond Legally: Once you have consulted with a lawyer, follow their advice on how to respond to the summary of recovery suit. Do not ignore legal proceedings, as not responding appropriately can have negative consequences.
Mediation or Negotiation: Depending on the circumstances and your goals, it might be possible to resolve the matter through mediation or negotiation. Your lawyer can guide you on the best approach.
Keep Records: Maintain records of all communications and actions related to this situation. This can be crucial if the matter escalates further.
Remember, only a legal professional can provide you with tailored advice based on the specific details of your situation. It's important to act promptly to protect your interests and ensure you have the best possible legal guidance.
AnonymousResignation:- I had a notice period of 45 days, but while resigning from the job I had clearly mentioned them the reason for the same over mail, that my salary has been deducted without any reasons and no proper justification is given why this has been done. I have mentioned that I would work for the next 10 days in the resignation mail. No one from the HR team neither the management replied to the written mail related to salary deduction and kept on saying that you have to serve notice period as per the contract. but no proper response was given about the salary deducted and when it will be processed in my account.
Though for the next 10 days I visited the office regularly still no one answered me about the same and kept on threatening that we will file a case against you for contract breaching where as I guess it was done on their end as no proper communication was given for salary deduction. And this was been done from the first month of my joining but at that movement amount was less like 2000,3000 but for this particular month it was more then 10,000
From India, Delhi
KK!HRYour CTC was Rs. 30K, and probably the company included many items in it that you were not directly receiving as salary. There is nothing illegal or improper about the actual salary being less than the CTC, but such a wide variation in the monthwise salary received is clearly unacceptable.
We have to see the offer of appointment/order of appointment to advise you further regarding violation of service contract. .
You were appointed for 1 year of which you completed 10 plus months of service. So the employer can claim only for the remaining period of service to complete the one year. The notice period of three months cannot lie outside the 1 year contracct period. So, you are not liable to pay for anything beyond the remaining service and the claim has to be limited for the acctual total salary payable and not the CTC.
Since a civil claim has been filed against you, you may defend it through an advocate. Meet the advocate with all your papers and he will prepare your reply and help you to defend.
From India, Mumbai
email@example.comIs it a summary suit filed under Order XXXVII of the Civil Procedure Code? What are the conditions in the summons?
From India, Kochi
DIPTI SRIVASTAVAA Suit for recovery of money is a civil relief and acts as an effective remedy to recover money from the delinquent. The suit can be filed under Order IV of the Code of Civil Procedure 1908 (CPC). It is a summary suit (Order 37, Code of Civil Procedure) that offers speedy disposal of the suit as here the defendant is not required to defend as a matter of right.
The time period for filing a suit for money recovery is 3 years from the date when the cause of action arises. However, it can also be condoned and subjected to the discretion of the court.
Who can File a Money Suit?
Every person, who has a right to sue, can file a money suit. This category of people includes:
1. the Principal and Agent
2. Co-holders of a debt or actionable claim
4. Trustee and Trust beneficiary
5. A Religious Institution and its Member(s)
6. A Hindu Joint Family & Its Members
7. Banking Companies and Financial Institutions
8. Civil and Military Officers (for recovery of fine or penalty)
9. Other Statutory Authorities
10. Executor so on and so forth.
Where can we file a money suit?
In order to file any suit, the court must have “jurisdiction over your person” and “jurisdiction over the subject matter of the suit” for a valid judgment. If you are to file a money suit against another, there is a jurisdictional requirement that must be observed. The law requires the defendant to be sued in the place where the contract was made or where it was broken. The question that arises is where can a person sue for recovery of money under money suit?
This is the first thing to look at before instituting a suit and while you decide where to file the case is to see if the court has territorial jurisdiction over the person. Under the Code, while deciding the territorial jurisdiction, these factors are looked into:
place of residence of the defendant
place where the defendant has his/ her business and earns thereof.
the place of cause of action wholly or partially.
Alongside the territorial jurisdiction, the pecuniary jurisdiction has to be taken into consideration. This is related to the subject matter of the suit. This criterion is mainly important to decide the place of suing in relation to the monetary value of the suit. The case will be filed as per the monetary value of the suit. one has to keep in mind that the territorial jurisdiction is determined before looking into the pecuniary jurisdiction.
What are the different means to recover your money?
Send A Legal Notice
When a defaulter receives a notice, he or she has 15 days to return the cash. In which a compliant is registered with the court, or one can file a FIR with the police.
Which is the quickest way to recover your money which will be ‘Order 37’ of the Civil Procedure Code, with Summary Suits, as it is based on written statements and it will speed up court proceedings.
From India, Mumbai
AnonymousThank you all for you advices, Find below some more details related to the case.
1. It is a Suit For recovery order XXXVII of the code of civil Procedure.
2. I know the CTC mentioned and the in hand salary is always different, but in this case no Salary slip was provided to me so I was never ever able to check the deduction is for what reason. The salary I received was in range of INR. 27,500-28,500 every month, 1531 was deducted as PF, which had my share as well as, pension contribution, and the employer share also included. the total comes to INR. 30,000 roughly. Still every month INR 3000 is missing, and to that I would get INR 7500 after every 3-4 months saying its incentive for me. If you distribute that also equally still INR 500-1000 is missing per month. But the month I left my Job I only received 20,000 which made he conscious as earlier I never revolted as the amount was less, but when 1/3 of salary is not received then I have to take that step.
Till date also, they have never given a salary slip to me, on asking the salary slip over mail, they asked me the reason for it, I said I need it for Home loan, then also they never provided me the same. And this I asked 2-3 months before leaving the job.
3. There were a lot of things apart from it, like late night working, not letting me go as per the time of my duty, but we can manage that being in a private organization we have to face that and all the mental torture like, no paid leave, if you apply for paid leave, not approved and salary deducted for the same. In 10 months of time no paid leave given till date. All this is not acceptable but still being in Private organization we have to face that. But when no reason given for salary deduction, no salary slip It forced me to leave the job.
From India, Delhi
AnonymousWeather it is 100 or 1000 or 10,000 if they are not paying me full as per the service agreement which was of CTC 33,000 in total of all the deduction does that make them breach the contract. I have added all the deduction like EFF plus in hand salary still its less then 33,000 by 3000 does it not breaches the contract from there end.
From India, Delhi
rkn61Your monthly salary shall be always lesser than your CTC figure. Coming to issue, can you display copy of your Contract with the company, so that an appropriate reply could be suggested.
From India, Aizawl
Azfar Sadiq"My CTC was 33,000 per month"
As you mentioned, your CTC is 33000 per month
Cost to the Company - you wont get the full cost to the company in hand. Actual term what you get as NET Salary
Whole Amount is "CTC"
then Variable pay will get deducted like your food expenses, transportation, insurance etc- so here "Gross Salary"
Then your EPF will get Deducted - then your "NET Salary".. month on month whats ur earning is Net salary
you highlighted your "Feb 28735"
approximately this comes in a right way.
But in your case, case was filed, so you have to take this proceedings.
1. you can highlight as "your queries was not answered. you have take all mails printouts for proof"
2. Most of the cases goes with Employee favour. so be strong. highlight all the negatives whatever you faced.
3. If possible file a sue against them too for your mental stress, health related issues due to this
4. rather then answering their questions, file what you faced. Be strong with your point and highlight you are ready to work, but they are ignoring you and failed to reply your queries. that reverses
From India, Chennai
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