Can salary be deposited and then withdrawn by the company?
Amount once credited to the account of an employee cannot be withdrawn without the permission of the said employee. If, by mistake or due to an error of the employer, such a thing happens, the law does not permit the employer to take arbitrary action. In the Contract Act, there is a specific provision to deal with this sort of situation. Section 72 of the Indian Contract Act states that payments or delivery made under mistake or coercion must be made good or be returned. In Sri Shiba Prasad Singh v. Maharaja Srish Chandra Nandi, it was made clear that money paid under a mistake is recoverable whether the mistake is of fact or of law but by lawful means.
Some of my friends may ask why we should not recover the amount directly from the account of the employee. When can we do so? Yes, you can recover the amount from the account of the employee if you have a good relationship with the bank, but it can create legal issues for the employer and the bank. To have a bird's eye view of the issue, we have to understand a few points:
1. There are three parties in this case, i.e., the Employer, Employee, and Bank.
2. What was the mistake due to which the wrong amount was credited to the employee's account and by whom was this mistake made?
3. Is there any clause in the agreement which stipulates that the employer or bank can recover the amount back from the account of the employee if the amount was credited by mistake?
The employer and employee have a master and servant relationship. At the same time, the bank and the employee have a customer (consumer) relationship. So, we have to take into consideration not only employment law but also customer, contract, and banking law.
If the mistake was on the part of the banker, then he can recover the amount back from the customer (employee) because in a standard contract, there is always a clause that gives the right to the banker to recover back an amount that was credited by mistake. But I am not sure whether there is any clause in the contract (salary account agreement) that gives the right to the employer to recover back the amount from the employee. If there is no such clause, then the employer legally cannot recover back the amount from the account of the employee, whether it was credited by mistake or not.
If we assume there is some sort of agreement like this, then also how can the bank recover back the amount on the recommendation of the employer because the mistake was on the part of the employer, not the bank. So, on this ground, the bank cannot recover the amount from the customer's account.
Now, coming to the nature of the mistake, if the mistake is like in place of crediting Rs 1000 to the employee's account, the employer had credited Rs 1200, then the employer can adjust the excess amount with the next month's salary (if possible).
For more information: White Eagle: Can Salary be deposited and then withdrawn by the company?