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Indian Law/do provisional period needs to serve notice period


Dear Sir

I joined an organization where they took my signature stating that i will have to serve 3 months notice period during my 6 months provision period in bangalore though i have been posted in gurgaon and its been only 3 weeks the office have started functioning. in this period of time they have said number of times "you may leave the job, we dont want such people working for us" due to which today i have finally sent them my resignation letter. the response i got was "from today onward we take it as your notice period for next three months or you have to pay three months salary amount to the company as per company norms.

Sir i need your advise on the same to know how to handle and what would be my next plan of action.

It is the responsibility of both employer and employee to fulfill the terms and conditions contained in the employment contract executed between them.If there is any breach of the said terms, the aggrieved party may terminate the contract or approach the court for breach of contract for appropriate relief/remedy.However, regarding place of posting and confirmation in the post after completion of the probationary period is fully at the discretion of the Management and there is no merit in challenging the same.Once you have submitted letter of resignation, they are legally bound to take appropriate action as per the termination clause contained in the contract.It should be effective from the date already specified by you,provided it has been properly served.

In view of the above,apparently your resignation letter seems to be  valid.However,please necessary action in the matter in consultation with a lawyer.

Indian Law

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Arun Kumar Maitra


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.


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.

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



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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