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Indian Law/Notice Pay Not Paid

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Question
Respected Sir,

I was associated with a private bank since 2006, I was terminated in the month of Nov 2010. My offer letter quotes 3 months of notice pay in lieu of termination...I have been following up with HR of the company for more than two years, I have escalated this matter to the top of the HR, But no response....I have all the mail correspondence with me, Can I have Justice given for the mental turmoil??

Regards,
G Reddy.

Answer
It depends upon the terms of the contract.Since in the instant case,3 months notice -pay in case of termination,you have every right to claim it.Further services of a permanent employee cannot be abruptly terminated without holding a proper inquiry.It is against the principles of natural justice to dismiss an employee without first giving him an opportunity to defend.

In view of the above,I would advice you to immediately serve a legal notice upon them to settle your notice-pay and reminding them that failing which,you shall be compelled to take suitable legal actions against them.You have a very strong case.So please fight for it without any tension.They are legally bound to pay it and court may compel them to pay penal interest also for delay in releasing the amount and for causing unnecessary mental torture to you.

With Best Wishes,

A.K.Maitra,M.Com;LL.B;A.C.A;A.C.S;M.I.M.A
Retd. Company Secretary & G.M.(Law)
National Fertilizers Ltd.
(A Min-Ratna Central P.S.U.)

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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