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SHIV KUMAR (n/a)     27 November 2007

LEGAL PROCEEDINGS

.I am outlining my problems below for legal assistance-

I joined a company having its registered office at   Kolkata, 700001 on 23.09.2005.I was also issued appointment letter by the company and after going through the appointment letterΓÇÖs terms & conditions I accepted their offer.

1. As per appointment letter there was provision for one month notice or one month salary payment in lieu there of from either side on resigning or releasing  by company. After six months i.e. on 26.04.07, when company  declare increment of employees added one line in increment letter and  enhance notice period to three months without any prior notice. The person who has joined this company by leaving another company can not do any thing but simply accept however I have not given any written consent to my employer except receiving increment letter. Now I have resigned from the company and also given one month notice but company is asking for three months notice or payment in lieu. Also company is deducting notice pay on gross and giving leave encashment on basic. Please advise me for legal proceedings.

2. Company has paid six months of basic salary as performance incentive for the financial year 2006-2007 in year of 2007 after deducting TDS. As I have resigned the same has also been recovered by the company.Is it legal ? How previous year PI can be deducted which is already paid.Please advise.

3.Please also tell how and where legal action can be initiated against the company register under company act.


SKM



Learning

 1 Replies

Shaji Joseph (Lawyer)     28 November 2007

Issue a legal notice and file a suit. You cannot approach the CLB unless you are a member.

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