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galsober@yahoo.co.in (def)     25 March 2008

Does UPC carry legal value?

Hello!

My friend is doing a contract based job. The contract demands minimum 2month notice period before he quits. He sent his resignation to C.E.O about 2 months ago by post. He sent the letter “Under Postal Certificate” (UPC), & preserved its receipt. Now he has given a written request to relieve him of his official charge. But the concerned HR Deptt denies receiving any such resignation letter 2months ago. Although he sent an ‘ordinary post’, but it was UPC. What should he do? Does UPC receipt hold any legal value in India? How can he proceed so that they may not take his 2months salary!



Learning

 10 Replies

galsober@yahoo.co.in (def)     27 March 2008

Hello! Still waiting for reply................PLEASE S'BODY REPLY! galsober

Manish Singh (Advocate)     27 March 2008

Yes, when you send any notice , letter etc. by UPC or Regd. Post or by courier, it carries an evidence(within the receipt) that the same was duly served. find out whether they had received your resignation or not.

galsober@yahoo.co.in (def)     28 March 2008

Hello Manish Singh! Thanks a ton for your valuable reply. But what I feel is that Registered Post & Courier carry 'Proof Of Delivery' with them which can be produced as evidence that the document was received at opposit end. But in case of UPC, we can claim that 'some document was posted from a particular post office on a particular date'. As far as I know there is no proof that the opposite party received the same. Here lies the catch. The concerned HR Deptt denies receiving any such resignation letter. Can my friend argue that -he had completed the necessary formality of sending resignation letter & can produce UPC receipt to further his claim? Can he unilaterally leave charge after giving one or two reminders near his completion date?

Manish Singh (Advocate)     31 March 2008

The UPC carries the same value in the eyes of law. You go to the post office and show them your receipt of the UPC and ask them whther the said post has been delivered or not.

Manish Singh (Advocate)     31 March 2008

The UPC carries the same value in the eyes of law. You go to the post office and show them your receipt of the UPC and ask them whther the said post has been delivered or not.

Guest (n/a)     26 May 2008

Dear All, Despatch of letter by UPC, under proper postal acknowledgement IS conclusive and inrefutable documentary evidence, in the eyes of the law & is also pari passu with a Regd.Letter... The Postal Dept. in itself is a quasi-judicial authority and postal acknowledgement of counter receipt of UPC letter, IS sufficient proof / documentary evidence. There is no actual delivery proof required, in the eyes of law, irrespective of the fact whether the UPC was actually delivered or not. You would only have to prove that the Postal Address is proper, correct and genuine on the date of UPC letter despatch, which you can presumably prove (or create sequential evidence ) if you have any old communications of the Company .OR. by subsequently sending a dummy fresh letter by registered post at the same address and obtaining achknowledgment of current date. To go a bit deeper, you could contempelate filing legal action for "Criminal Breach of Trust" u/s 405 IPC Act and "Suppression / or causing disappreance of legal evidence" u/s 199,200,201 of the IPC Act. TO help you with appropriate legal act & section : Herewith is produced section 27 of the "General Clause Act-1897", which is quite explainatory in itself. 27. Meaning of service by post Where any 13[Central Act] or Regulation made after the commencement of this Act authorises or requires any document to be served by post, where the expression "serve" or either of the expressions "give" or "send" or any other expression is used, then, unless a different intention appears, the service shall be deemed to be effected by properly addressing, pre-paying and posting by registered post, a letter containing the document, and, unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post. Keep Smiling ... Hemant Agarwal

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     26 May 2008

Dear All, Despatch of letter by UPC, under proper postal acknowledgement IS conclusive and inrefutable documentary evidence, in the eyes of the law & is also pari passu with a Regd.Letter... The Postal Dept. in itself is a quasi-judicial authority and postal acknowledgement of counter receipt of UPC letter, IS sufficient proof / documentary evidence. There is no actual delivery proof required, in the eyes of law, irrespective of the fact whether the UPC was actually delivered or not. You would only have to prove that the Postal Address is proper, correct and genuine on the date of UPC letter despatch, which you can presumably prove (or create sequential evidence ) if you have any old communications of the Company .OR. by subsequently sending a dummy fresh letter by registered post at the same address and obtaining achknowledgment of current date. To go a bit deeper, you could contempelate filing legal action for "Criminal Breach of Trust" u/s 405 IPC Act and "Suppression / or causing disappreance of legal evidence" u/s 199,200,201 of the IPC Act. TO help you with appropriate legal act & section : Herewith is produced section 27 of the "General Clause Act-1897", which is quite explainatory in itself. 27. Meaning of service by post Where any 13[Central Act] or Regulation made after the commencement of this Act authorises or requires any document to be served by post, where the expression "serve" or either of the expressions "give" or "send" or any other expression is used, then, unless a different intention appears, the service shall be deemed to be effected by properly addressing, pre-paying and posting by registered post, a letter containing the document, and, unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post. Keep Smiling ... Hemant Agarwal
1 Like

Manish Singh (Advocate)     27 May 2008

thanx Mr. Hemant, Nice explanation..

galsober@yahoo.co.in (def)     03 June 2008

Hi Hemant! Thanx a lot 4 ur bold reply decorated with appropriate legal clauses. Hope ur reply has cleared doubts of us all.

ASHUTOSH (lawyer)     04 June 2008

pls see the section 27 genral claUSES ACT I THINK IT HELPS TO SOLVE UR QUREY

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