LawRato

Employee asking complete salary but company is in debt


09-Mar-2023 (In Cheque Bounce Law)
i was having a startup company with employees but due to slow down of market my company got shut down. I have cleared all my employee salary except one employee and given her 3 months post dated cheque. But because of my financial situation cheque got bounce and she had done case on me in bhubneshwar. Then i have taken bail in bhubhneshwar court and asked for some time to clear the amount. But since last 2 yrs i am trying hard to pay that money but unable to do it so. Now i talked to my employee for settlement but she is saying she want her complete salary and other charges what to do
Answers (3)

Answer #1
868 votes
If cheques bounced for reason other than "insufficient funds" then you can escape any conviction under Section 138.

Please note you have already admitted your debt and the Ld. Court will be inclined in favour of your employee. However, the Ld. Court may consider your stand depending upon the terms of settlement you are offering.
Answer #2
951 votes
Yes you are liable to pay her dues! You cannot run away from that. Infact, if you don't have a single penny than your property might get attached for the same.
It's her right which can't be taken away until unless she says that I dun want it.
Answer #3
791 votes
You have to fight the case as cause of action has already arisen after the cheque was bounced U/s 138 Negotiable Instrument Act. . Now the only remedy left to you deposit the money in the court and request the court for the permission to deposit the amount in the instalment and proof your bona fide intention that you are willing to pay the salary.to the employee.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."