Civil Procedure Code (CPC)

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pgindia@gmail.com (pgindia@gmail.com)     17 May 2011

Resignation:Notice period and Full AndFinal settlement notice

Hi,

I have worked for an IT company in India for around 6 months and then i resigned through email. I informed the company through email to process my resignation and let me know how they would like to settle the issue. For around 2 months they never replied to my emails and said that they will ask their legal lawyer to settle. Now, after 2 months, they have sent me a notice from a law firm saying that I need to pay certain amount(running to 2Lakhs) as notice period payout and other things. I have informed the management already that I am ready to serve the notice period of 30 days by working but they are not agreeing to it. They are saying that I need to pay only and cannot serve the notice period as it is more than 2 months i left the organization whereas all these 2 months they were not replying to my emails.

Now the notice that they have sent me is a photocopy one with 2 pages and signature is different on both these pages, the signature are also photo copied and not original, threre is no stamp of the law firm and it is computer generated letter head wherein they are asking me to pay money within 7 days otherwise they will proceed with civil and criminal procedings.

Does such a notice will stand anywhere is Indian court? What should I write to them as I do not want to have any verbal discussions and want to put everything on email.

Kindly suggest.

Thanks,



 2 Replies

santosh (engineer)     18 May 2011

What was your notice period condition on joining. Can such amount come to 2 lakhs. If not whether they have justified their asking such a big amount. 

In most cases if the notice period was of 1 month the basic pay and da for the period will be the amount you will have to pay.

M. Munikrishnan (Bank Executive (Retired))     20 May 2011

What does the service regulation and your terms of contract are? The employer cannot go beyond the accepted terms and service regulation.   Go strictly by that and ensure that your communication is sent through speed or registered post, which can serve your purpose while proceeding legally.


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