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Dispute regarding resignation and notice pay

Page no : 2

Sougata Dasgupta (Administration Executive)     28 December 2012

Dear mr. Mahesh,

Once an employee has submitted resignation his relieving date can not be ADVANCED because it is opened to him to take back the resignation before the effective date of his relieving(as per the verdict by honourable supreme court of India). As such, if an employer wants to relieve him at an earlier date then he should be given notice pay treating it as termination of employment by the employer.
The point here to be noted is that, i have neither asked for early relieving nor my offer letter contains clause that upon serving such notice period, Co. can relieve me at an earlier date without any compensation.

There are once again two points which i consider as point of argument and to put forth my contention.

1. The clause of notice period cannot be one sided that if the employee wants to leave the services, he has to serve three months notice and the employer may relieve him at any time without compensation. It is Oppressive in nature.

2. The employee is also loosing monetarily as he is deprived of his earning for such period as he would be unemployed and cannot join his prospective employer if there is no mutual agreement. it is rightly pointed out that after resignation if employer relieved very next day then in that case the employee will lose his 3/2/1 months salary and became unemployed between the period of joining new prospective employer and date of relieving. and end of employee employer relationship with immediate effect.

I have given only the notice of termination of agreement of services not actually terminated the agreement. but by relieving earlier by employer before the expiry of notice period, it operate as a termination of agreement . in that case employer should pay the amount of short of completing notice period and compensation from
their side.

Kumar Doab (FIN)     28 December 2012

@ Saugata,

It is heartening to note that your comments are concise, precise, and specifc and are not emotional outburts.

Employees with clarity and controle can educate and coach the fellow citizens and employees.

Pls spread the awareness and prepare as many properly informed employees as possible.

In today’s scenario one may be able to manage without a family doctor but it is imp. to have the counsel of a well informed lawyer/advocate.

Employees should have and keep access to a competent and experienced labor consultant/service lawyer.

Employees should always discuss and seek advice of elders in the family, competent and experienced well wishers, trained legal mind amongst acquaintances, lawyer/law firm and avoid acting in haste.

Dealing with employer in present set of conditions has become game of chess. It is better to learn it and be master of the game.

At the same time convey to all "work sincerely and justify each penny of the salary earned." and thus keep the company growing and profitable.

Check your PM.

Adv k . mahesh (advocate)     28 December 2012

i understood 

Sougata Dasgupta (Administration Executive)     21 April 2013

Dear Mr. Doab,

After several hearings by the S.I. (Shops & Establishments, West Bengal), the findings and the final verdict will take place within 15 days from 19.04.2013.

Now, I would like to know, about the calculation of my salary that I am supposed to receive. I had already submitted an amount based upon my last drawn salary, i.e. the amount that I used to get in my hand.

Will it be calculated only upon Basic and DA, or I am entitled to get full salary, which I was drawing till september 2012.

The S. I . was confused in it and she also said that she will get it confirmed by higher officials. 

From my end I want to do my homework in it. Kindly help.

For your information again,

My resignation date was 15.10.2012 and as per my resignation letter my last working day was 14.01.2013.They have also kept the salary for the period of 1.10.2012 to 14.10.2012 on hold. So in total I will get 3 and a half month's salary.

Kumar Doab (FIN)     22 April 2013



If company refused to accept letter sent by registered post, you may receipt of registered post and Rs. 10 postage stamps affixed on your application for certified copy of the run sheet carried by post man bearing remarks “Refused to accept” and another report by Sub Postmaster of post office which was to deliver the redg. post that Recipient refused to accept.

Both the reports will be issued under original seal and signature of Sub Post Master.

You should keep the envelope returned to you, on which post man has written comments, safely.

Send the letter returned by company by fax, email with Footnote that company declined to accept it on dated……………..

from postman.

Submit another letter stating that you were prevented to enter company premises by Mr/Ms…………designation/dept…………..address………..emp code number………( if he was security guard mention it) on dated…………… per instructions issued by officials of the company namely……………..


If possible try again to visit company  with witnesses and record (visual/audio) the episode while you are prevented and comments are  made. Avoid any conflict on the scene and keep original data card/memory card safely.

Keep your records perfect.    

Sougata Dasgupta (Administration Executive)     01 August 2013

Dear All,

Finally I received my money. The shops & establishments after 3 hearings gave the order to my ex-employer to pay the amount due towards me within 30 days.

Thank you all for your valuable advice, specially mr. Kumar Doab.

Sougata Dasgupta


Kumar Doab (FIN)     01 August 2013


Please extend Heartfelt thanks to learned Mr. Jagadish Paranjape for valuable advice and guidance. All members, querists shall immensely benefit from the post of Mr. Paranjape.


Mr. Jagadish Paranjape



We are fortunate to have you around.



@ Sougata,


Kindly propagate the learning and help as many fellow employees, companions, citizens as much as possible.



The employee should not hesitate to approach his lawyer and lawful authority for his rights. A properly informed and properly counseled employee succeeds.

Sougata Dasgupta (Administration Executive)     01 August 2013

Thank you too Mr. Paranjape. Thank you so much....

@Mr. Doab ....I have already posted my learning on facebook to aware all my ex-colleagues and friends.. 


Dear Dasgupta,


1]  Incorporating clause in terms of your appoint necessitating 3 months notice if employee has to resign        is bad in law and will not sustain.

2]   However, you should first appreciate that your company despite of clause of 3 months'  prior notice              released you within 15 days.  

3]   On the contrary asking or expecting for remaining  2 and half months salary( without working )unless  continued,  is utterly ungrateful  and does leave test of integrity sincerity.

My sincere advise is to quit  and  take up  other assignment and show your potential.  

Best of luck.  You may still contact:

Adv. Jeevan Patil


Sougata Dasgupta (Administration Executive)     23 April 2014

Dear Mr.Patil,

I have already won the battle and received my money under sincere guidance of Learned Advisers Mr. Kumar Doab and Mr. J Paranjape.

You said that I should first appreciate that my company despite of clause of 3 months'  prior notice              released me within 15 days. But think practically and logically, (when there is the option of notice period) there are employees who resign from his job, keeping in mind the notice duration, just to utilise the time for job search. If he is using the clause made by his Company for his own sake,then what wrong is he doing? Its the Company who did wrong by forcefully releasing him within 15 days.

There are several other justifications which I presented in front of the Judge which, if you want I can send a copy to you.

The judge, after sincere consideration of my justifications gave His judgement and gave the verdict on July 2013.

All the best! You may still contact:


Sougata Dasgupta


Pl send me the judgement.

M.S.R.Murty ( Manager (Admn))     24 April 2014

Dear Mr.Gupta Ji,

Could you please forward a copy of judgement to me also .  My I.D is

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