Hello Deepak_6,
Without getting into the points touched upon by Dinesh & Nathrao, pl note that there are so many gaps in the inputs you provided.
Consequently, I presume you understand that ANY & EVERY suggestion given by any member would be EITHER non-actionable OR misleading.
Can give more details about the situation/issue like:
1] What's the sector/domain your Company is in?
2] What's the Employee strength?
3] Since when are you facing this problem?
4] Like Dinesh pointed-out, w.r.t your line--"employee leaves the company without serving the Notice Period", WHAT'S the true scenario? Meaning is this a case of the employees absconding OR resigning & leaving without serving the full notice period [meaning only partial serving of NP] OR resigning & leaving without serving even a single day of notice period OR something else?
5] You say that you are a Company Secretary. So I presume you do have some knowledge of Law & the issues thereof. Hence your last line, frankly, surprises me--"My question is can we file a case and get the money from them". You very well ought to know that any & every Tom, Dick & Harry CAN file cases.....NOT just civil suits but also Criminal ones. But whether the desired end-result will come about depends on a LOT of issues, angles & aspects--some/many which WON'T be in your control.
Just ask YOURSELF the same question--what are the chances for such a step ensuring that you get the/any money back....especially in a Civil case? 90%? 50%? 20%? 10%? I am sure you know it can NEVER be 100%. So the choice is your's [or rather the Company's] on the next step to take.
Also going by what you have mentioned so far, I THINK the Company has MANY skeletons in their cupboards....which are bound to tumble out when the ex-employees begin to 'sing' in the Court, and come into public domain. Would the Company be ready for this scenario--IF it becomes a reality?
And another aspect that Companies [or their advisers] very easily forget is this: the damage such immature & incomplete steps cause to the Company's image. Do you think your future hiring activities will meet success? And more specifically IF you are in IT sector, you can also be sure that you can forget about your clients.....I guess you can guess the answer 'why'.
Suggest advise your management to think 'thru the head' rather than 'thinking thru the heart' in such issues--very easy to get carried away.
All the Best.
Rgds,
TS