kreativesachin (Manager) 31 December 2010

Legal notice from Employer

Dear Honourable Lawyers,

Kindly guide me on below situation i m facing.

Two years back..i had resigned from a company without serving notice period ( as i have to rush to control my parental business loss & when i asked for my dues ( PF, Form 16, Expenses ) from co.- they sent my Co. notice to pay for Notice period..... So i stopped asking for my dues..After two years..they have sent me a legal notice asking for all claims amounting rs 58K + damages + interest

1. Throwing more light on situation : i was on probation during this period..and (co. acts smarts..they call me in between to give them hand over of information to new joining collegues and given me the Confirmation letter..which i ignore there itself..and havent received it.

2. On Probation..it was 1 mth notice..and on confirmation : it was 3mths..

Queries...

1. How to avoid legal hassels in this case..and what to reply..in case i hv to go for it.

2. As i have visited the office twice.. ( 1 for half day, 2 for 3 hrs for Hand over) (mentioned in daily in/out register of co. (copy is not wid me) after resignation and within 1month of Resigning.

pls.advise me..i dont want this hassel now.,

Regards

Reply Follow

2 Replies

Ahmed Daud Girach (Advocate) 01 January 2011

(1)Dont reply notice

(2)In case company files civil suit contend that you were on probation Vide the terms in your appontment order.

(3)Contend that you were appointed on so and so date and resigned on so and so date with a proof of resignation handed over to office either through email or hand written taking acknowledgement.Within probation you have to pay one month notice only and comanys claim is exagratted.

(4)therefore you will be required to pay one month notice only.

(5)You may adjust your balance leave 50% of it on resignation as a general rules.

You have not mentioned your Designation and the company from where you have resigned and nature of work. so it can not be decided whether u were workman under ID Act?If so then reply notice saying any agreement contrary to standing orders act is void as each agreement with a workman by company requires signature of officer designated under standing orders act which is applicable to all workman covered under ID act..

kreativesachin (Manager) 01 January 2011

Dear Ahmed

Heartly thanks for Replying...Foremost..A Very Happy new year to u and ur Family..

WOuld like to understand few points.

1. Sorry to state more clear (as earlier not mentioned)- Civil Court has sent me a Notice thru Registerd Post.. (but as i m residing out of my home address, hvnt accepted this point of time ,

pls suggest what to do...whether to accept it or....

2. As i earlier mentioned - i hv managed to get copy of notice...which is demanding as above mentioned. Pls advise..

3. I m working on manager position in Education service Industry.

Regards