Not settlement of dues after resignation

Querist : Anonymous (Querist) 12 November 2009 This query is : Resolved
As per terms of appointment letter

"If at any future date after confirmation, on assessment of your performance, it is found that your continuance in employment is not beneficial to the company or you are found unfit or unsuitable for service in the company, your service can be terminated by giving you three months notice or payment of three months’ salary in lieu thereof. Similarly, you may also have the option of leaving the services of the company after confirmation by giving three months’ notice in writing to the company Or payment of three’s month salary in lieu thereof.”

In case resignation is accepted.And the individual serve till that time served mentioned in resignation letter but Co. is posing more time to releave. If the employee leave the company before getting releaving letter.As it may be intention of the HR to Harras the employee.

Questions

- Is any legal notice issued by any advocate on behalf of the company to the employee is having any legal santity.

-Can the company avoid/delay setllement of due of employee. Which includes-Extra TDS deducted but not paid to Deptt, Incentive,PF, Supper-annuation Balance etc.

-Is there any relief is available to employee.Even though he has tried his level best to resolve the issue amicable way.
Is there any Case laws suporting the stand taken by the employee.As appointment letter is clear there is neither the pre-condition nor any obligation cast by appointment letter to get releaving befor leaving the company other than to pay 3 month salry in lieu of notice. Person is heading responsible position in organisation and he has served one month after giving resignation which is more thn the period mentioned in resignation letter.
Please advise

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H. S. Thukral (Expert) 12 November 2009
The contract of employment is like any other contract. The difference is that it is a contract of personal service which can not be enforced in specific performance and in breach thereof damages can be claimed by the aggrieved party. Your employer can not force you to work if you donot desire to work with him. More so when you want to quit as per terms of the contract. Your employer must give you relieving letter. You may sue him if you suffer any damages on account of missed employment on this wanton delay. As far as dues are concerned you can claim as per civil remedy by filing a suit for recovery.

Raj Kumar Makkad (Expert) 12 November 2009
1. Notice issued through advocate by the company has equal sanctity and it shall also be treated as issued by company.

2. No delay can be made by company.

3. Yes. If he comes in the definition of labour, then he can move to labour court otherwise in civil court. It shall be better if a legal notice through his counsel is served to the company to avoid litigation.

4. The employee has fulfilled his part of contract and he is at right place whereas the company is at fault.

Querist : Anonymous (Querist) 14 January 2010
Thanks Mr.Raj Kumar & Mr.H S Thukral.

Recently I got reply from my Company and now the company in response to my reply They are saying that they would recover X amount for legal expense incurred by them along with three month notice pay. But still in there communication they are not confirming whether they would pay me my due or not even after recovering this unlawful recovery. It seem they want to delay it for the maximum period and may prvoke me to go for Court. If we send the legal notice through the advocate than there is 100% possiblity they would deny it and we would land up in legal issue.My only concern is that if once I would follow the legal course of action and company does not settle my due than I do not have any other option other to fight legal battle with company.How much time & approximately cost it would take to get our money if we file civil suit for recovery.Company is playing just to harass to me and to show discipline to other.With big money power with the company, is there and mode through which I can get my due cleared at the earliest.Issue is pending from more than 8 months.

Regards

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