Salary in lieu of notice

HARIHARAN KRISHNAMURTHY (Querist) 05 August 2010 This query is : Resolved
Background :
The contract of employment has a clause which states that both the parties should serve a notice period of 30 days . It also states, that the employer has the option of sending the employee earlier by paying salary in lieu of notice.

Facts : The employee has given a notice to the employer by stating that he should be relieved " on or before" a particular date which is exactly 30 days from the resignation date.

The employer has however relieved him earlier by 8 days.

Can the employee claim the "salary in lieu of notice" clause and ask the employer to pay the same.

the critical thing is about the usage of the word " on or before " in the resignatino letter of the employee. Although the employee has used the word " on or before" he has mentioned the date which is exactly 30 days from the resignation date.

Can he claim the "salary in lieu of notice" benefit.

Are there any case laws supporting such a claim?

Thanks in advance,

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