Legal Question in Employment Law in India

I have resigned from my previous organisation on 30th Nov 2016 and handed over on 2nd Dec 2016 on the assurance of my line manager that full salary for Dec2016 will be paid. However now he wants me to have the payment cleared from some of the partners who are not responding to my mails or do not want me to follow up on the payments since I have left the organisation.

Even then my line manager has informed me that he will not clear the NO DUES till the payment from the partners have been cleared. Due to this I am having problem with my current organisation since they require my relieving letter.

Please advice


Asked on 1/25/17, 4:09 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

27.01.2017

Dear Madam / Sir,

Recovery of monies owed to the Company organisation by the partners remains outside your purview since the payment sanction to the partners is in accordance with and is governed by the Partnership Deed or subsequent amendment to the Deed by all the partners. Unless you have of your own paid any Company sums to the Partners without the other partner(s) explicit approval, you are in now way liable to recover the Partner's dues. In any way, drawings of partners is recovered and adjusted from their Capital contribution in case of their retirement or dissolution of the firm.

Regards,

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Answered on 1/27/17, 5:58 am


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