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subodh (Consultant)     16 April 2010

previous employer is not issuing the reliving latter and acc

Dear legal Expert,


I need you kind help.


My previous company is a Mumbai based CMMi level 5, a Limited company. I have worked with them for 1.5 year.

In appoint letter, It was stated that “While terminating the employment, you need to serve 3 month of notice period or basic salary in lieu of it, which will be considered as per management decision.”


Last month I have left the company after serving 1 month of notice period. ( I was working with its client, which is in another state, I resigned from there, serve the 1 month notice period and directly join new company after completion of  one month.)


Now my previous employer is not issuing the reliving latter and account settlement, though I am ready to pay compensation out of my last month salary and allowance which is still pending with them. I have dropped several requesting mails, but they are saying, “you have not served 3 month notice period, so reliving letter will not be issued and account will not be settled as per management decision.”


The reliving latter is important for my future; my new employer is also asking to get the same.

I was working as a permanent employee and have maintained good professional relationship with the company and its client.

Kindly suggest me where to approach and what to do to get the reliving letter and account settlement.


I will be grateful to you for your expert advice and valuable suggestion.






 5 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     16 April 2010

As you have violated the terms of appointment by serving the notice of just 1 month instead of 3 so either you purchase the period of 2 months or let the compnay initiate action against you apart from withhlding your relieving letter.


it is better to personally meet the company officers and sole the problem amicably rather going for litigation.

1 Like

Isaac Gabriel (Advocate)     16 April 2010

The advise of Mr.Raj is correct.Abide by it.

1 Like

Kumar Doab (FIN)     16 April 2010

As rightly pointed out by Mr. Raj Kumar Makkad , best would be ,meet them, without delay,

use your rapport, and solve the matter amicably through your superiors and HR, and if they agree, you may have the option of deduction of 2 months notice pay from your full and final settlement, or you may have to remit 2 months notice pay under receipt.

In your appointment letter it is mentioned that basic salary in lieu of 3 months notice period shall be considered by management.

Attrition is a problem in the industry and the companies find ways to bind the employee one  way or another, by inserting clauses in the appointment letter.

You may appraise and convince your superiors and HR in your current company ,seek their help.They are also aware of the trends in the industry and can help you. Some companies ask the new employee to submit an affidavit, for which Hr provides a model language, in case acceptance of resignation/relieving letter/full and Final/Experience certificate is not received.

You may consult a local service lawyer, show all the documents and obtain legal help.

1 Like

subodh (Consultant)     16 April 2010

Thank you for you valuable suggestion sir,

I am ready to purchase the notice period by paying the amount also, but they are not ready for this also.

I will try my best to convince them by personally meeting, but even if they will be not ready, do i have any other alternative to get the reliving letter?

I am not worry about account settlement, but the reliving letter only.

Kindly suggest.



Shyam (Accounts)     21 March 2013

Dear Sirs,

Kindly help to know that what can I do against to my previous employer for getting my Salary as there is nothing into the writing I had from them at the time of Joining and due to my personal problem, which I have shared with them time to time they have driven me out even they have holded my Salary also.

This is a Limited Company at Noida.


Shyam Goel 

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