Recovery of outstanding dues during employment Recovery of outstanding dues during employment

5 years ago

Facts:
I was employed in a company for a total period of 14 months in Mumbai. During my stint with the company, I went to company's head office in France for a Seminar based on the invitation received. This journey (official trip) was done in 2nd month of my employment. For the said official trip to company's head office, I had to renew my passport via Tatkal Mode for which I incurred an expenses of Rs. 9500/- (Rs. 1500 - Renewal Fee, Rs. 2000 - Tatkal Charges & Rs. 6000 - Schengen Visa). As per company's official travel policy, passport issuance and renewal fees can be reimbursed.
However, the company changed the travel policy w.e.f. 1st February, 2018 removing reimbursement of passport renewal fees.
This expense was incurred by me in December, 2017 and I had gone to France in Jan, 2018.
Due to an oversight by me I forgot to submit the expense claim voucher for reimbursement.
The same came to my memory in October 2018 (i.e.) 9 months later. Accordingly, I submitted the expense claim voucher for reimbursement of passport renewal fees.

Now, the company is denying reimbursement of this amount on two grounds:
1. The expense voucher for reimbursement has been submitted on delayed basis. As per company rules the same should have submitted within 30 days from completion of official trip (i.e.) it should have been submitted by 10th February, 2018.
2. Company insists that the rules have been amended on this matter w.e.f. 1st Feb, 2018 and same is now beyond the scope of reimbursement policy. Hence, it can't be claimed now.

MY QUERY:
1. Since, I submitted the expense voucher for reimbursement in October, 2018. Can it be claimed by invoking Limitation Act, 1963 wherein time-period to claim money is 3 years ?

2. Is it true that reducing the limitation period to enforce contract or any part of contract is legally void as per Section 23, 24 & 28 of the Indian Contract Act, 1872 ?

3. Can this claim be pressed through a lawsuit against the Company under Summary Civil Suit (Order 37 of Code of Civil Procedure) ?

Shreyash Mohta

Responded 5 years ago

A.Sir, the bye laws of the company need to be followed. However, you can file a suit for recovery of such amount in the civil court or else you can also file a complaint case in the labour commissioner office.


Thanks

Shreyash Mohta
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Vidhi Samaadhaan Vidhi Samaadhaan

Kishan Dutt Kalaskar

Responded 5 years ago

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A.Dear Sir,
If you would like to continue your service in the same company then accept company rules. Otherwise you may file a suit for recovery of such amount with interest.
For full procedure contact me on mobile through Vidhikarya.
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Vishal Saha

Replied 5 years ago

At the outset, I would thank you for replying to my query.
As I have already resigned from the company, I have no issues in pursuing this matter legally.
Is Summary Suit under Order XXXVII of CPC tenable as per my query ?
Or else I have to file Regular Civil Suit (RCS) under Order XXIX of CPC ?

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Vidhi Samaadhaan Vidhi Samaadhaan

Rameshwar Dadhe

Responded 5 years ago

A.U should file complaint against them immediately in labour commissioner office
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