Dispute in notice period after 1 year

It becomes his duty to compensate for the shortfall of the notie period.

He was required to serve 3 months notice period to compensate equivalent salary for the shortfall.

The demand made by the company is legally maintainable

Thank you Sir. May I pls ask if MNC would ask employee to revert back the Salary paid for the  shortfall days including TDS deposited and then for those shortfall ask the employee to pay.

An employee is required to serve the notice period or pay in lieu thereof in terms of the letter of appointment.

It is an admitted position that the employee has not served the entire notice period as required. Hence, he is liable to pay notice pay for the unserved notice period.

The company may have paid the employee entire salary for the last month (though the employee has not served completely) but it does not automatically absolve him from paying notice pay. 

In this case, the company may right ask for refund of the excess salary paid and also demand notice pay for the unserved period. 

Though you have not mentioned the amount in respect of notice pay, but company in all practical sense may not go to court considering the legal expenses and time.