LIVE Online Course on NDPS by Riva Pocha and Adv. Taraq Sayed. Starting from 24th May. Register Now!!
LAW Courses

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Dr.S.Nagarajan (Principal)     17 October 2013

Demanding money in lieu of notice period

I was working as the Principal of private engineering college based at Madurai. On 14.9.13, I submitted the resignation thro' email to all the four trustees of the college trust including the Chairman and the Director.The scanned image of the hand written letter was also sent as an attachment along with the email by 11.00 am.In the afternoon, the letter was handed over in person to the Director who manages the day to day affairs of the college. He accepted the resignation in principle and agreed to relieve immediately as per my request. He asked me to start the charge handing over process and it was started by  me on 14.9.13 itself to the Vice-principal.On Monday 16.9.13 evening, the process was completed and I even handed over the acknowledgement of certificates to get my relieving order, experience certificate and all the original certificates of my qualifications and experience.However, the Director told me that I need to meet the Chairman sir as I was appointed by him.

He gave me the appointment on 18.9.13.On 17.9.13, the Director thro' the Vice-Principal told me to not to report to duty (when I was ready) as I had been relieved from the post.When I met the Chairman he asked me to give a written request to waive the condition of the three months notice period. As per the original appointment order issued to me on 10.1.2010, there was no mention of the resignation conditions including the notice period.On the date of joining 19.2.2010, I was forced to accept a new set of conditions on my own agreeing for the three months pay in lieu of the notice period.I gave a written request stating that as per the original appointment order, I was expected to serve the institution for 3 years only.But, I had served the same for 3 years and seven months and there was no mention of the notice period for resignation.The Chairman said that he will discuss with the trustees and then inform me.On 23.9.12, he asked me to pay three months salary in lieu of the notice period to get my relieving order and original certificates.I had been repeatedly requesting him but he is adamently insisting that I must pay a sum of Rs.3.75 lacs to get what I want.I am out of job because of this for the past one month and I was not yet paid my sept.13 salary till date.When I asked him to give it in writing about the requirement, he is evasive and dodgy.Even after a months time, there is no official communication on this.

I therefore, request your good selves to suggest me the suitable course of action and details of legal remedies available to come out this stale mate.Meanwhile, my prospective employer is threatening to cancel my appointment order.Based on this offer only, I decided to resign. Time is really running out. Please advise me. Thank you very much!



Learning

 4 Replies

Basavaraj (Asst, Manager-Legal)     17 October 2013

Dear Nagarajan, you need not to worry, if 3 months prior notice for resignation was not mentioned in your appointment at the time of your appointment, you have good case. In case it was agreed by you means you will have to serve the same or pay lieu of notice period.

The said act of your college chairmen is violation of article 19 of IC as well contract act.

What i can say that, do not panic, you just join with you new employer, if they insist for documents, then see some time to produce releaving  letter & experience letters. Meanwhile, you just send a strong legal notice to your old employer with capturing all terms.

Call me i would tell you how to tackle this case at very easy.

Vidhi Joshi (Trademark Registration Mumbai | IPR Firm | Mumbai | Start Up Lawyer | Copyright Lawyer)     17 October 2013

As no notice period clause in your appointment letter/service agreement you cant be stopped, send a legal to trustees, directors and all concerned person.

T. Kalaiselvan, Advocate (Advocate)     17 October 2013

Dr. Nagaraj,

Your elaborate query is a convincing detail about the plights you suffered, however do not be dejected, you have enough chances to over overcome the present crisis and get into your new assignment without any problem.  Please draft a legal notice on the lines of your query ibid but send it through a lawyer under RPAD, if you do not get any fruitful reply, you may file a suit for return of documents through court of law, drag the culprits to court and ensure maximum damage to the wrong doers so that they do not do any more injustice to any one in the future. 

Kumar Doab (FIN)     18 October 2013

 

>> Your first priority should be to get absorbed in new establishment.

 

 

 

To the new employer the copy of resignation/acceptance of resignation/handover acknowledgment should suffice.

 

The new employer can absorb you on the strength of these documents.

If required you may affirm that you are not employed elsewhere.

The new employer is under no obligation of past employer.

 

>> You have accepted the new service conditions including notice period/pay in writing. You should not have accepted.

 

The management has played smart by extracting another letter from you to waive off the notice period.

 

You should not have resigned with immediate effect.

 

 

Employee should always submit notice of resignation. If employer wants let it accept before expiry of notice period.

 

>> Did the management ask to submit certificates in writing and did it issue acknowledgement?

 

The original educational certificates are result of many years of education, are personal property of the employee and employer can not have any lien on it.

 

There are court judgments declaring such tactics of the employer as illegal, unlawful………….e.g;

 

 

Dr.S.Rajesh vs The State Of Tamil Nadu

indiankanoon.org/doc/1028571

 

 

Did the management collect original certificates before it asked you to sign new service conditions? Did you sign under duress?

 

>> As per various judgments including by apex court Teachers are not workmen.

 

The rules of the university with which the college is affiliated should also be downloaded and looked into. The practices of the management may be violative of the service rules advocated by the university and you may approach the appellate authority as defined in the rules.  

 

 

You should approach your labor consultant/service lawyer with copies of all of your docs, including but not limited to job advertisement, job application, offer letter, selection letter, offer letter, appointment letter, bond, communication asking you to submit original educational certificates, receipt issued by company for certificates………………..spend quality time with your lawyer, give inputs, and understand the merits and proceed under expert advice of your lawyer.

 

 


Attached File : 144507276 dr.s.rajesh vs the state of tamil nadu on 12 december, 2008.pdf downloaded: 62 times

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Related Threads


Loading

Post a Suggestion for LCI Team
Post a Legal Query