Hello Experts,
I need urgent attention to below given matter.
I left an Pvt Company in Noida where they agreed to relieve me by mentioning INR 1,08,000 /- (Short Notice period money + Training Bonds amount ) and I have handed over cheques to them for the same amount as per details mentioned in short notice period recovery notice.
I was chasing this company to seek my Exp, NOC etc but didn’t get any response over phone call for next 11 days after cheques hand over ( handed over on 14th Sep 2007) and during one call made to HR to ask for letters required by next employer, I got to know that they are preparing to send legal notice to me and immediately I thought to stop cheque payments.
Below given is the email which was sent by me to inform about cheque payment stop:
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Hi <HR>, <Accounts>,
I have observed that the declared amount by you to be paid against short notice period is high. The amount to be paid should be less than the conveyed amount.
I request you to send me the letter for the final amount to be paid with break up. For the mean time please don't deposit the handed over cheque to <Accounts Rep> for the amount INR 54,000 /- dated 15 Sep 2007 and INR 54,000 /- dated 20 Sep 2007. Please confirm that do I need to pay the full month salary or only basic salary for the short noice period.
I have requested my bank to stop these cheque payment.
After getting final amount letter to be paid from <Company>, I will hand over fresh cheuqe for the amount to be conveyed. The cheque is only stopped because of discrepancy in sum of the payment to be made by me to <Company> as per the letter issued by you.
Regards
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After few months, I received a legal notice from this company asking INR 5,00,000 and replied from my side mentioning same amount to be payable for my mental stress due to them.
After few months and >1 year of last work day with this company, I received court suit copy to defend myself where they asked for INR 14,00,000 for “Short Notice period money + Training Bonds amount + Project loss which was participated by me” but Employment agreement only says for 2 months notice period and no clause to bear project profit/loss.
I would like to get experts view on this:
1. Can employer hold salary and expenses during notice period?
2. Can employer be silent after handover the cheques for communicated amount and no update to issue required letters?
3. Am I liable to pay full training bond amount if training bond is for INR 50,000 or to serve company for 12 months after training and if I have served that company for 7 months? I mean if the training bond amount can be partially paid for balance months from bond duration?
4. Should employer process PF and Income Tax submission during notice period?
5. Is there any IPC section where I can be more assured to win this case and to avoid paying money as they have initially asked for INR 1,08,000 then INR 5,00,000 and now demanding INR 14,00,000?
6. Also the employer has Registered Office in Delhi but no practical office in Delhi and operates from Noida. The case is registered in Delhi and this is as per employment agreement. Can we also go behind this as employer can mention to attend and suit cases in J&K if operates from Orissa?
Thanks a lot in advance.
Best Regards
Alok
