In case you have objection after deduction conceived can move to the labour Court against the company

They can't unless the alleged extra salary that according to them was paid to your wife, was on account of any fraud or mischief played by your wife.

Claim of company is barred by limitation

2) company can not deduct of salary after period of 3 years

Hello,

This is utterly ridiculous as they cannot deduct any amount after such a long period without any agreement in this regard . You can give a legal notice to the company and if they continue to proceed doing this file a case in the labour court.

Thanks and Regards.

1) No, company can't do like now. if company management want to deduct they can deduct the leaves from her balance leaves available now and to do this they have to prove and how much leaves was taken by your wife.

No the company can not.

Send a legal notice to the company and thereafter if they do not rectify then file a suit in the labor court.

Regards

The company is going ultra-vires as such duduction is illegal in the eyes of law as no recovery can be made after a period of 3 years as it is barred by limitation act.

You can file a complaint against the company to the assistant Labour Commissioner.

The company cannot deduct or recover the dues from salary of leaves of 2013 after.5 years it is barred. Wife can serve legal notice to the company for payment of full salary without deductions and if they fails a suit can be filed for recovery of that amount of salary. Complaint before labour court can also be made.

ask the company to give the details of the unpaid leaves for which they are deducting the salary

also ask the company what made it take this step all of a sudden after a gap of 5 years

what is the quantum of the deduction?

if its not that substantial then i would not suggest any legal action as the latter will prove to be more expensive than the money which the company has deducted

if its a substantial sum then you can think of protesting against the company legally

Let she first give a representation to the company in writing seeking clarifications about this.

The excess payment can be recovered anytime from the salary of the employee.

The company might have detected this excess payment only after an auditor has pointed out the mistake, hence there is no irregularity on it.

This is my response to you:

1. Firstly the IT company keeps a record of the period attended or not;

2. There is a attendance sheet, so ask them to prove that she missed out on those days;

3. Also the company cannot legally withdraw the salary from past 5 years;

4. The period of claim is within 3 years as per limitation act;

5. So consult a local lawyer, as to assess how much is the amount they are deducting etc. and have they done this with prior notice.