Notice period without appointment letter

The moot point here is whether your friend was offered the appointment in writing and if so whether the notice period was mentioned in the offer.  If no offer was made in writing, there is nothing the company do to insist on the notice period.  so, please verify whether your friend has accepted the offer of appointment in writing. 

Is it necessary to give notice as per conditioned laid in the appointment letter , since Some year before Supreme Court had clarified that accepting T&C under letter of appointment while getting the job is compulsion on the part of employee and as such notice period is arbitrary clause on employee.

Please state whether such move is correct from employer part also please note letter of appointment is being Governed by Indian Contarct Act 1872 and as per the Act employer breaches several point while one remain in service, hence citing such violations why not employee can breach one clause of notice citing breach by employer on other clause, kindly clarify the legal position.

Thanks for your interest.

There is nothing in writing. Offer was made on phone and accepted verbally after Double Round Interview.

After that my friend joined the group and asked many times for the letter of appointment but they not issued.

But when she decided to leave the office they asked for 2 weeks notice period.

Recently they have issued salary but after deducting the salary for 2 weeks notice period (only for 13 days in place of 28 days). She had refused to accept the DD for that amount and asked for full 28 days salary.

Now what she can do. Please help.

The group is daring. The group is keeping the employee engaged in verbal transactions only and has not issued appointment letter, FNF statement, reason for deduction. Since group has deducted an amount equivalent so stated notice period, and probably employee is not inclined to obtain work experience/service certificate, relieving letter, form 16, etc., the employee can announce to group that no managerial designation was allotted, PF number/ESIC card, is not issued and she is contemplating to approach o/o Labor commissioner, RPFC etc.

This may work in her favor.

Or she may approach these authorities with her complaint. She can also approach her lawyer. A legal notice from lawyer may settle the matter in her favor. Her lawyer can handles the matter while can devote her time to her career.

I agree with kumar as when company is keeping ur friend in lingring position without offering appointment in writing then she has constitutional right to procceed for conciliation under jurisdiction of asst. labour commissioner of her area. everything will come out and matter in question can be settled without harm.

KIRAN KALE