Salary wrongly fixed cannot be recovered.

02. Oct, 2010 3 Comments

In an interesting judgment by the High Court of Madras, it was held that salary once revised and paid cannot be recovered by the Employer in case where the employee has not misrepresented or suppressed any facts which resulted in the increase in the salary.

But the court has also added that the employer is free to refix the salary but only with prospective effect, after having intimated the employee.

[P. Andiswamy Vs. Sholaiyar Basin Division, Valparai; Judge N. Paul Vasanthakumar]

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Case Laws, Discipline

3 Responses to “Salary wrongly fixed cannot be recovered.”

  1. PS Dhingra, CEO, Dhingra Group of Management & Vigilance Consultants 31. Jan, 2011 at 12:18 pm

    Reported case law is not complete. The same should have been given for proper guidance of readers.

    PS Dhingra
    CEO cum Management & Vigilance Consultant
    Dhingra Group of Consultants
    New Delhi
    [dcgroup1962@gmail.com]

  2. praveen13ad 31. Jan, 2011 at 9:35 pm

    The concerned case law has been provide for detailed reading. Nevertheless, your feedback is appreciated and further on I shall give a more comprehensive information.

  3. Ramachandar Desu 08. Feb, 2011 at 7:46 am

    yes. the judgment is right and the jurisprudence rule is that once the benefit or right is granted that can not be taken back. based on this rule this ruling is correct.