Can we legally pay security guard before paying money to their agency?

In Labour & Service Law

We had employed a security agency in our society. Their services have been discontinued. The last payment is to be made to the agency. The security guards have requested in writing that before making final payment to the agency they should be paid their last pay by the society as they are apprehensive that the security agency is likely to delay or deny the payment to them.

Is it legal to pay the guards by the society before clearing the payment to the agency?

Answers (1)

376 votes

We would need clarity on whether as per the engagement and the agreement terms with the Security Agency, the security guards get their salary paid via the Security agency or directly through the society?

It seems from the question that the salary of the Security guards was being paid by the Security Agency and if this is in line with the agreement with the Security Agency, we would suggest the Society not to pay the Security Guards directly as it would not meet the agreement terms and the Security Agency can seek its entire dues from the Society (including Security Guard Salaries). In such a scenario, the Society might end up paying double the amount - one on humanitarian grounds paying salary to the Security Guards directly and second on Legal Grounds in case the Security Agency bounds the Society Legally to the Agreement terms.

You may advise the Security Guards to approach the Security Agency for their dues and final salaries as the Security Agency is legally bound to pay their salaries. In case the Security Agency does not pay their dues they may issue a letter to the security agency at the first stage. There after they may issue a Legal notice, failing which they may approach labour authorities in this regards.

Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.


Popular Labour & Service Lawyers

Advocate Sunil Kumar Bakshi
Sector-16, Faridabad
35 years Experience
Advocate Wg Cdr Ajit Kakkar (Retd)
Dwarka, Delhi
22 years Experience
Advocate Prerna Oberoi
Sector 41, Noida
10 years Experience
Advocate Ravi Jadhav
Koregaon Park, Pune
14 years Experience

Report abuse?

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 and has been responded by one of the Labour & Service Lawyers at to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at or contact a Lawyer of your choice to address your query in detail.

Related Questions

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

Related Articles