My self jitendra,I am having experience of about 3.5 years in Web/Graphic/UI Designer. I joined company noida on 16 april 2013 & deposit my 10 mark sheet . I din't sign any bond on stamp paper . It was just written in appointment letter. I have given resign on 20 june 2013 (in mail).
I have to put resignation because of my family health problems.
(my grandmother was in critical condition & my parents have also health problem they cannot take care self or granny ) they leave in (Uttarakhand, Almora--District, as well as my home contraction is going on in (uttarakhand haldwani). I have to settled in my home town due to above mention reason and i discussed with my family about this.
This condition i discussed with my Project manager & HR and they asked some proof and then i mailed some scan documents (medical proofs my granny & Father, Mather) than the told me you can take 1 month leave or transition period & we will talk your situation with management. At that time i told all things i can not fixed in one months. So i would permanently settled in my hometown. Then i left company 24 june 2013.
After a month i call HR & told my situation family Granny, mother & father health problems. So i can not come join office again. Please return back my 10th mark sheet & last month salary. HR told me drop email to me with your current situation & i will give reply on mail within 3 to 4 days. HR not replied in mail yet. 2 week passed then i called again for email reply and then HR told me send new email to legal department (lega@...........com).
As per company bond/law you have to serve (2 months notice period) or pay 2 month penalty (50,000 INR). I asked to HR; no other way to solve this situation she clearly said no.
I worked only 2 months in company. I have not signed any bond in legal stamp paper. It was written in appointment letter where i signed. They do not want return back my 10th mark sheet until they not get 2 month notice period or 50,000 INR.
It's not possible for me (currently father in hospital).
What should i do in this condition.
Can they keep my 10th marksheet & my last month salary?
I signed in appointment letter where it's mention that in the case of resign you have to pay 50,000 INR or 2 months notice period. It's legal or not?
Where as i know appointment letter terms & condition where i signed. Can not force me legally pay INR or notice period?