Dear Team,
We have an employee working in our company who is involved in an ongoing civil case. We are deducting his monthly salary as per the court order and paying this amount to his first wife as maintenance allowance. This employee is set to retire next month, and his next hearing date, which I have to attend, is before his retirement. The employee has to pay a maintenance allowance of around Rs 2 lakhs.
Please advise if we need to provide a letter to the court stating his retirement as the employer was summoned by the court for the recovery of this amount.
Please advise.
Ranjeet
From India, New Delhi
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18We have an employee working in our company who is involved in an ongoing civil case. We are deducting his monthly salary as per the court order and paying this amount to his first wife as maintenance allowance. This employee is set to retire next month, and his next hearing date, which I have to attend, is before his retirement. The employee has to pay a maintenance allowance of around Rs 2 lakhs.
Please advise if we need to provide a letter to the court stating his retirement as the employer was summoned by the court for the recovery of this amount.
Please advise.
Ranjeet
From India, New Delhi
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Hi, Without a doubt, you need to inform the court. It seems you don't have any legal department or any legal representative in your organization to handle these things if I'm not wrong. Therefore, I advise you to seek legal advice from the lawyer who is handling this case or any good lawyer, which is really important for your organization.
Secondly, informing the court about developments at your end related to the employee and the respective court order is not just your responsibility but a condition as well. I believe this kind of instruction has also been given by the court in the documentation of the order in any clause, which needs to be considered again.
From India, Gurgaon
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Secondly, informing the court about developments at your end related to the employee and the respective court order is not just your responsibility but a condition as well. I believe this kind of instruction has also been given by the court in the documentation of the order in any clause, which needs to be considered again.
From India, Gurgaon
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you have not made it cleary how you are paying the maintence amount to his wife, is it under section 125 Cr P.C or what. Surely you should disclose about the retairment date and facts to court.
From India, Delhi
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From India, Delhi
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Dear Anil/KK,
Surely, we have a legal department in our company handling a vast portfolio which is important for the business. We also have very reputable lawyers working with us. Just as a query before approaching them, I have raised this question. Can you all please let me know exactly what needs to be drafted in a letter to the court, or should we simply state that he will be retiring from the services of the company on [date]? This is for your information. Is there any legal terminology that should be used in it?
Regards,
Ranjeet
From India, New Delhi
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Surely, we have a legal department in our company handling a vast portfolio which is important for the business. We also have very reputable lawyers working with us. Just as a query before approaching them, I have raised this question. Can you all please let me know exactly what needs to be drafted in a letter to the court, or should we simply state that he will be retiring from the services of the company on [date]? This is for your information. Is there any legal terminology that should be used in it?
Regards,
Ranjeet
From India, New Delhi
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Thanks for sharing more information about your query and question. Yes, you just need to write an "FYI" letter stating that the employee is going to retire from the service on [date] by referring to the Civil Case No./Details.
You also need to enclose details of his current emoluments and benefits provided by you, details of the share you are providing to his wife, work period, a copy of the employment letter as supporting documents, and a copy of the court order.
Lastly, please send the same by registered AD so that you can have legal reference proof and documentation to support and favor your case.
From India, Gurgaon
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You also need to enclose details of his current emoluments and benefits provided by you, details of the share you are providing to his wife, work period, a copy of the employment letter as supporting documents, and a copy of the court order.
Lastly, please send the same by registered AD so that you can have legal reference proof and documentation to support and favor your case.
From India, Gurgaon
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No need to give a letter to the court. The court will ask him about the non-payment of maintenance amount during his appearance on the date of the hearing. Your payment liability arises as long as he is in your service.
From India, Hyderabad
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From India, Hyderabad
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Dear Sir(s),
Non-compliance of the Honorable Court's order may result in contempt of court. Therefore, as suggested by Sh. Anil Arora, it is advisable to submit an application to the honorable court before retirement. This application should state the employee's retirement and request the cancellation of orders for payment of maintenance charges to the employee's wife post-retirement.
Thank you.
From India, Noida
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Non-compliance of the Honorable Court's order may result in contempt of court. Therefore, as suggested by Sh. Anil Arora, it is advisable to submit an application to the honorable court before retirement. This application should state the employee's retirement and request the cancellation of orders for payment of maintenance charges to the employee's wife post-retirement.
Thank you.
From India, Noida
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Hi Jeeni,
You have not attached a copy of the injunction order of the court directing you to recover the first wife's maintenance amount from the salary. Does it direct you to recover the full amount of Rs. 2 lakhs by monthly recovery? Is it only by installments or the entire amount irrespective of whether it's from salary or from F & F settlement? Unless you provide the exact text of the directive, we cannot apply our mind.
However, merely giving a letter to the court will not suffice. It should be in the form of a Sworn Affidavit followed by personal appearance through your counsel under a copy to the retiring employee. Probably the court will take on record the facts and position and might modify its impugned order on the plea of the claimant if deems fit. This is necessary because a speaking order will be necessary for the recovery of sums from the F & F unlike recovery from salary. That too, recovery from PF is practically not possible except when the nomination, if it was registered in her favor, is valid because the employee is still alive who is going to be the surviving claimant/recipient. Your advocate should guide you adequately to avoid inviting a contempt petition against you.
From India, Bangalore
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You have not attached a copy of the injunction order of the court directing you to recover the first wife's maintenance amount from the salary. Does it direct you to recover the full amount of Rs. 2 lakhs by monthly recovery? Is it only by installments or the entire amount irrespective of whether it's from salary or from F & F settlement? Unless you provide the exact text of the directive, we cannot apply our mind.
However, merely giving a letter to the court will not suffice. It should be in the form of a Sworn Affidavit followed by personal appearance through your counsel under a copy to the retiring employee. Probably the court will take on record the facts and position and might modify its impugned order on the plea of the claimant if deems fit. This is necessary because a speaking order will be necessary for the recovery of sums from the F & F unlike recovery from salary. That too, recovery from PF is practically not possible except when the nomination, if it was registered in her favor, is valid because the employee is still alive who is going to be the surviving claimant/recipient. Your advocate should guide you adequately to avoid inviting a contempt petition against you.
From India, Bangalore
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Dear All,
Thank you for your valuable guidance. Firstly, I would like to clarify that initially, the court sent us a notice to recover 2,65,000/- in one installment only. Later, when we appeared in court, the honorable judge ordered to detach half of the salary and pay the same until the recovery of this amount. Now, the employee will be retiring next month, and more than 2 lakh rupees are pending for recovery.
This is the case.
Ranjeet
From India, New Delhi
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Thank you for your valuable guidance. Firstly, I would like to clarify that initially, the court sent us a notice to recover 2,65,000/- in one installment only. Later, when we appeared in court, the honorable judge ordered to detach half of the salary and pay the same until the recovery of this amount. Now, the employee will be retiring next month, and more than 2 lakh rupees are pending for recovery.
This is the case.
Ranjeet
From India, New Delhi
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