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Indian Law/n.o.c. not given by c & f agent.

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Question
R/SIR,i am working with cello sale & marketing since last 12 yrs,i given resignation on on date 7-11-12 to effective date 7-12-12 as per company rules one month notice period.After this i have send email to company for send me re-leave letter,but they require n.o.c letter from their c & f agent.My position is sr.sales officer as a company payroll,i was operated distributor under working for comapny c & f agent. C & F agent ask me to give me all n.o.c. of all your distributors which u handle in your area,then i give u n.o.c from my side. my fight is its not necessary or bound to given u n.o.c from my area distributors.from any side no any claim pending as a part of financial,though C&F not give me n.o.c letter.here only isue of ego betwwen me & c & f agent.so,without n.o.c of c & f,why company not send re leave me letter or hold my salary,bonus, expense & gratuity ?

Answer
You can resign any time from the service of the company by serving a notice as per the termination clause contained in your engagement letter and your employer bound to accept it.However, they may release your dues after getting NoC from all the concerned Dept. of your organisation.It is their responsibility to collect the same including area distributors,if necessary.They can neither delay your release or withhold your retirement dues.I would suggest you to immediately issue a legal notice to release you and also make full & final settlement of your dues and threatening them that failing which necessary legal actions will be taken against them.So, please consult a suitable lawyer and do the same.

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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