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Indian Law/releaving letter on resignation

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Question
my comany is an Indian registered private comapny. after resigning they are not giving me any kind of releavig letter or experience letter. Though it was not written anywhere in offer letter. My next company need it. I have worked here for 1 year and 10 months. so can u tell me which indian section or rule number says that comapny has to give the releaving letter

Answer
An employee is appointed as per the terms contained in his appointment -letter.So, it is governed by the provisions of the Contract Act.In case, there is any breach of the contract, the aggrieved party can approach the court for appropriate remedy.

An employment contract can be terminated by either party by complying with the termination clause contained in the appointment letter.

Therfore, in the instant case , you have expressed your desire to leave the Company by submitting your letter of resignation.Further, you have clearly specified in the said letter, the date from which you desire to leave the Company.Your ex-employer was legally bound to convey their acceptance of the said letter or atleast a reply to the said letter, indicating the reasons for not releasing you.By keeping silent,by their conduct, they have given their implied consent to the said request.If they have any problem/objections, they should have clearly conveyed it to you.No employer could prevent an employee from availing a better job opportunity.

It is a violation of Article 19 of our Constitution .The said Article provides fundamental right to every citizen to do any occupation, trade or business or to practice any profession.

It seems they do not intend to issue any formal release order to you.However, if they intimated you about the acceptance of your resignation, then that will serve as an evidence that you have left that Company.If they have not issued the same,you submit a copy of your resignation letter to your new employer.Once,you have served a notice to your employer,your tenure comes to an end from the effective date mentioned in your notice.Termination of contract is permissible as per the Contract Act and as such,apparently it appears that from your side nothing wrong has been done.

However,you may consult a lawyer and follow his advice in the matter.He may advice you to serve a legal notice, thretening the Management that if the acceptance/ release order is not issued immediately suitable legal actions wil be taken against them and they will remain liable for any loss or damage to your career.Even if they accept it as on date, it will be effective from the date mentioned in your notice.  

Indian Law

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Arun Kumar Maitra

Expertise

Contract Law,Companies Act,Sale of Goods Act,Partnership Act,Negotiable Instument Acts,Constitution of India,Arbitration Act,Consumer Protection Act,Maternity Act,Payment of Gratuity Act,Payment of Bonus Act,Shops & Establishment Act etc.The answer to the grievance of the particular online query depends on the facts of the particular case and law applicable to it.However,my comments relating to the various queries raised through the "All Experts" should not be treated as legal advices and should not at all be relied upon.I do not accept any responsibility for them.They will only give you some ideas about the probable merits of your cases.Ultimate actions/decisions in the matter may please be taken in consultation with the Legal Experts in the relevant fields.My purpose of giving the comments is to increase my own knowledge on the subjects and share it with others.It is purely of academic interest to me. I strongly feel the more knowledge we share,the more we shall be able to learn because there is neither any age nor any end to learning.

Experience

I have experience of dealing with matters relating to holdings of board/general meetings,maintenance of statutory registers,filing of necessary returns with the RoC,obtaining licenses for import,replies to Parliament Questions,dealing with the Parliamentary Committees,appearing before various courts to defend my employers,filing affidavits/counter -affidavits,preparing written statements/re-joinder,giving advice to management on complicated legal issues,preparation,drafting and vetting of contracts etc. I have more than 35 years of experiences to deal with the Company Law and Other Commercial Laws of leading Organisations in the country both in Public as well as Private Sectors.

Organizations
Member,Inst. of Chartered Accountants of India Member,Inst. of Company Secretaries of India; Member,Bar Council of India Member,All India Management Association Member,Delhi Management Association Ex. Vice-Chairman,Durgapore Chapter of the I.C.A.I. Expert ,CA Club India Expert ,Lawyers Club India Expert,AllExperts Ex. Faculty ,I.C.S.I as well as I.C.W.A of India Retd. Co. Secy. & G.M.(Law)/NFL(A Mini-Ratna A Schedule Central P.S.U.),New Delhi Ex.V.P.(Secretarial Dept.),Jaiprakash Associates Ltd. Ex. Co. Secy.,MAMC(A Govt. of India Enterprise),Durgapore

Publications
Nil.

Education/Credentials
M.Com;LL.B;A.C.A;A.C.S.

Awards and Honors
Obtained ''A'' Grade Certificate in the Parliamentary Procedure from the Secy. General of Parliament in 1994-95.It was in connection with a training course conducted by the BPE for PSU Executives.

Past/Present Clients
I am presently working as a Company Secretary in Old World Hospitality Pvt. Ltd.located in Delhi.It is engaged in Hospitality Industry.It has Units in India and abroad.It has been given the responsibility to look after operation & Management of ''India Habetat Centre'' located at Lodhi Road,New Delhi.

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