Legal Advice
2 years ago
I've left my Administrative job in Covid period AUG-2020 , I was working for this company from 2013 and my employer didn't gave me salary from may 2020 to Aug 2020 . After multiple time asking for my salary they've asked me to put my paper y saying that they don't require my service anymore. As I am retired army officer and my health conditions were also not good I gave my resignation ,Also they've accepted the mail but they didn't let me do the handover process . After coming back to my hometown I have asked my salary and gratuity several times on mail ,but no response came after certain period they've reverted claiming that i need to give a sum of 100000/- as a recovery , following to this allegation they've said that they actually deducted my salary , my gratuity and the rest amount of 1 lac need to pay from my side. Due to this false allegation I have sent a complaint to labor court in which summon has been made against my employer but this week I came to know that he had summoned written notice by magistrate under IPC420. I have been called by police to present my documents now. Let me know what else I can do legally and i have all bills and documents of the materials i have procured within my tenure on which my employer had produce same bills to govt institutions to recover money against those bills. Let me know process
The matter is sub-judice as such you must share relevant documents to get more advise and in the meanwhile you may get anticipatory bail and approach High Court to get quash FIR which might have registered by the Police without looking into actual facts.
I could have explained more if background is known to me. If background is made known in full then legal experts will be in position to understand correctly. Moreso, the background must be in brief.
Please give me FIVE STAR if satisfied by my answers.
The steps you have taken till now are right and in the evidence stage, try to use all the communications to show how they deducted. Here, the burden of proof lies on the employer to show how they deducted the Rs. 1,00,000. After the notice stage, it is evidence and arguments so you will have to present these then.
Thank you