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Dear Sir,

Thanks a lot the platform where we can get Expert' guidance. I have resigned from my Company on 9th Dec, 2012 (official notice of three months with buying out option as per the offer letter) serving notice of one month and buying two months. But today I received a mail from HR saying my LWD has not been accepted and I will have to serve till 8th Feb. They would treat me as absconding and not give me relieving letter.

The problem is I have to join another company on 9th Jan which can not be delayed (with relieving letter). I have the below three questions-

1. Is it legal to stop an employee after three weeks of resignation when employee is ready to buy out the notice period.

2. Can they hold my relieving letter and declare me absconding

3. I have been working here from last 5 years and 9 months, can they hold my Graduity.

I would really appreciate your guidance on this.


Your termination notice has to be accepted by your employer as per the termination clause contained in the contract.Since there is provision to adjust shortage in the notice period against pay, you have every right to ask your employer to release you by making necessary adjustment for any shortage in the notice period against your pay.However, for exigencies of work, they may request you to extend the date of your release but could not compel you to do so.It is simply a breach of contract on their part.

In view of the above,I would advice you to immediately serve a legal notice upon them to release you as per your notice and also settle your outstanding dues and reminding them that failing which,you shall be compelled to take suitable legal actions against them.Moreover, under no circumstances, you should pay any amount from your own pocket because they can adjust it against your outstanding dues.Further, any attempt on their part to treat you as absconding will futher stregthen your case because it will be a false allegation against you.

Since you have served a valid notice,you can certainly join your new employer on the basis of that notice provided they do not insist for release order.Please formally discuss it with your new employer, before leaving your existing concern.Alternatively, you can seek extension of joining time from them.

Since you have worked for more than five years, you are certainly entitled to gratuity alongwith your other retirement dues.If they delay in releasing your gratuity, you can lodge a complaint before the concerned ALC & CA for apprpriate action.You can also file a Writ before the high Court for the same.

You have a very strong case.So please fight for it without any tension.

With Best Wishes,

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


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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