Yes you can.
Who and what is topping you?
The question arises would it be worth it?
Can it boomerang on you?
Is it just and fair?
Would it affect your image, goodwill, and render you unworthy of being employed with, violator of rights of employees…………………………….and even would it attract the attention of Unions towards you?
The question that the ‘Contract/agreement/clause/covenant/Bond’ whatever it is…………………………..is created in lieu of what:::::::::::::have you provided some training(certified)……………………….some extra ordinary favor………………………..or in the absence of any justifiable explanation how would you defend yourself from charge of Bonded labor that has been abolished.
The properly informed employee can open multiple fronts and cite multiple breaches by employer and penalty is sure………………..
The notice period is part of service conditions that has to be in line with various enactments/statues/instrument of law applicable to the establishment…………………………………….employer is held personally responsible for faithful observance of enactments………………………. Notice period/pay is not dependant upon T&C inserted by employer in appointment letter/contract of employment or any private agreement that employer has drafted and signed with employee, alone……………………………………..
Having posted that if you are still willing to pay the fee to your lawyer for the litigation that yo have conceived……………….after paying the fee for crafting the agreement cited by you……………………………it is your money………………………..your choice………………….and your fate……………….
The agreement that you have referred may not be even worth the paper on which it is written.
Why don’t you just adjust notice pay in FnF statement and send it for verification and acceptance and settle the matter once for all and focus on productive and gainful avenues for your company……………………..!
It is just a heartfelt opinion.
Rest is up to you.