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Indian Law/Company not accepting my resignation


Dear Sir,

I am currently in lot of stress. Please help me. I am working in a private limited company. I have worked here since last three years. Now this month beginning my company took me in Bangladesh to attend some exhibition and to interact with some clients. After returning back I got job in a reputed public limited organization which is offering  me very good profile and salary. Also my present company's Managing Director humiliates always for my work and not at all satisfied though I work a lot for them. Now once I have produced my resignation once I have returned from Bangladesh, they are not accepting my resignation letter. My appointment letter clearly says that I can produce either one month notice period before leaving my company or can leave in lieu of one month salary. But company MD saying that now as he took me to Bangladesh to interact with some client, the intellectual property is with me and I can not resign or he will not accept my resignation till six month. Now I can not stay in this company for a single day more as they are humiliating me everyday. I want to go but they are not allowing me to go. Threatening me to sue a court case against me.
Please help me in this situation. Can my present company sue me or do any harm to me if i leave my job after serving given notice period? If they are not giving acceptance letter then how I can join in the new company who are offering me very good prospect?.
Please help me out.

An employment contract may be terminated by either party at any time subject to compliance with the termination clause stated in it.Normally such type of contract may be terminated by either party  by complying with the notice period or pay in lieu thereof.You have every right to try for a better opportunity and to leave the Company by issuing the proper notice.However,if you feel that even after complying with the same,they are not releasing you, then please serve a legal notice immediately.If after completion of your notice period, they do not release you, you can certainly dis-continue after the said date and also join your new employer.Your employer by not giving any reply to your letter of resignation, by their conduct has expressed  their consent to the acceptance of the same.However, please take the proposed actions provided your new employer does not insist for a release order.If they do it,then you shall have no other alternative but to file a suit for appropriate relief.
Please take appropriate decision in the matter in consultation with a suitable 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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