I joined a company in Delhi in August, 2015. I received an offer letter from the company that contains the generic HR rules besides my salary and designation, but there was not mention of any restrictive clause.
Now, after two months, in October the company circulated notarized document where the Clause 21 said:
"You are bound to serve two months' notice period before leaving the appointment (whether confirmed or probation). In case you fail to do so, you will be charged for two months' salary in lieu of your notice period"
I refused to sign the document saying that the clause is not right as the notice period (2 months) during probation and after probation cannot be same. After much tussle for 10 days, they told me that they will create an exception for me by changing the clause. But they also told me not to talk about it with any other employees regarding this. I felt more suspicious. Even before signing the agreement, I made up my mind to quit the job due to exploitation and poor work environment. They changed the clause to 1 month notice period on the same day on which I signed. The HR told me, now it will be notarized again and a copy will be given to me.
Still I think they had some doubts whether I actually stay in the company or not and did not pay my October's salary. Next day, I sent the company an email mentioning my inability to continue with the as I needed to get back to my native place for mother's poor health. I also mentioned that since I did not receive my October's salary, it should equate to 1 month's notice period. So, no obiligations left for both the sides.
Now, my question is despite taking my 1 month's salary, can the company take any legal action?