Recovery - Service Matter Recovery - Service Matter

5 years ago

A government department incurred losses for which it initiated arbitration and got an arbitration award for full amount of losses against an external supplier. The arbitration award was filed with court for execution. In parallel an enquiry was undertaken against internal employee also and the internal enquiry found him guilty of deriliction of duty/professional miscounduct and he was terminated, his gratuity, leave encashment etc were adjusted against recovery. Around 2 years after the arbitration award and finding that they will not be able to recover full dues from supplier, they filed a case against employee for recovery of dues. Can recovery be made against the employee in such case when arbitration proceedings by employer were initiated only against supplier and arbitration award was received against the supplier which is under execution. Employed also died in between pending trail and also before his statements could be recorded in court. Can LR's be sued in such case.

ARPIT BATRA

Responded 5 years ago

A.Kindly engage a local expert.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Deepak Yashwantrao Bade

Responded 5 years ago

A.Dear client kindly provide us all query related documents so we can provide you better resolution
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Deepak Yashwantrao Bade

Responded 5 years ago

A.Dear client on insufficient information it's hard to decide what legal opinion will be appropriated. Better way to consult with any experienced lawyer and find further information.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Ambrose Leo

Responded 5 years ago

A.You have a take help & assistance of a Expert Labour & Employment and Service matter Lawyer from the panel of Vidhikarya as you have serious & complicated case.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Kishan Dutt Kalaskar

Responded 5 years ago

View All Answers
A.Dear Sir,
This is called irregular procedure adopted by the concerned department. Further the legal heirs have to take contention that the said misappropriation amount never used for legal necessity of the family as such not liable.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Shanti Ranjan Behera

Responded 5 years ago

View All Answers
A.Dear Client,
Case details are required to give any legal opinion.
with the sketchy information it is difficult as the Employee had already died.
So we need to see everyting from beginning to end to say some thing which is legal.
Shanti Ranjan Behera,
Advocate
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconFamily agreement on a plot with a house built on it
Dear Client, In a family settlement agreement, all the parties involved should sign the settlement deed in the presence of witnesses and a notary public to make it legally valid and enforceable. The v...
question iconOld house mud wall
Dear Client, No construction is allowed or permissible on the common wall dividing the boundary and metes of land belong to different owners. When your neighbor files a civil suit and obtains an inju...
question iconSuit for separate possession and property
Dear Client, Here, the source of finance that enables a person to acquire a property defines the character of a property. Since your father acquired the property financed by your grandfather and grand...
question iconApartment Issue
Dear Client, In the given scenario, any solution to resolve the issue may cost you more apart from the legal consequences for a couple of days/months. Try your level best to resolve the matter amicabl...
question iconNational Green Tribunal
Dear client, approach a lawyer at your location or any NGO on environmental concerns for drafting a notice to the company.