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sanjay kumar (Advocate)     26 April 2022

how to reply the legal notice on following points.

I had joined a MN Company on 27/04/2018 and left the company on 31/07/2018 without any notice to company. After few days company sent a letter in which he alleged that after leaving the company by me without notice , company had a loss of Rs 73000 approx and that amount I have to pay. Recently the company's advocate has sent me a legal notice in which he mentioned that due to my absence company has gone a loss of Rs 73000 approx and that amount I should pay otherwise his client (Company) may put me in legal case. Now my quairy is what I should have on this matter and by what way company harm me.


Learning

 4 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     27 April 2022

according to normal company rule if you leave the job without a notice period, you will have to pay a penalty like the salary for the remaining days..... for example- suppose you left on 15th , then the salary from 15th till 3oth you will have to repay back to the company.....and if you do not  they can file a FIR against you for criminal case that you have to face. 

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     27 April 2022

You are yourself an advocate and you should know what action you can take. Did you join the company as a legal adviser? You have not mentioned anything about the nature of your work,  the terms and conditions of your employment and the basis of their claiming Rs.73000/- from you. Without knowing details no advice can be given.

Divya Vijayan   27 April 2022

Hello sir!

It depends upon the agreement between you and the company. If it states in the agreement that you have to give a notice before leaving the company, it becomes necessary to do so. Indian courts give more importance to the written agreements or contracts between the parties and if it is mentioned in your agreement that you have to serve a notice period, then the court will implement the same or they can ask you to return certain month's salary back to the employer.

Bekean Loinse   04 July 2024

Evaluate whether the company's claim of Rs 73,000 as a loss directly attributable to your sudden departure without notice is reasonable and heardle substantiated. Consider whether there are any contractual obligations or terms in your employment agreement regarding notice periods or liabilities for losses.


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