You are here:

Indian Law/Complications of resigning from a IT firm



I am working in the United states deputed by an Indian company . I have to extend mystay for a 3 month period because of a treatment that my wife is undergoing . But my employer refused to extend my stay and hence I applied for a 3 month leave (loss of pay) but they refused that again . Hence I am planning to quit in the United Sattes and move to another job . My company is treatenning not to give me a releiving letter and also serious legal actions . I have the proof of request for vacation with all proof of the tretament . Can they still cause file a legal complaint against me stating that I quit when I was on deputation from that company ?


Leave is not a matter of right.It is fully at the discretion of your employer,whether to sanction it or not.Further, it is your fundamental right to leave the company for better prospects.As per our Constitution,every right has the right to practise any trade,profession or business.Therefore, nobody could prevent you from leaving the company.Even if they do not issue you a release order, your duty ends by submitting a letter of resignation,as per the terms of your engagement.
In view of the above, even if your employer lodges a complaint before the court,decision is likely to be favourable to you.Please remeber that complaint is filed for a criminal offence.Merely applying for leave/release order on reasonable grounds is certainly not a criminal offence.There is/was no mala-fide intention on your part.Court may even refuse to admit the case on the ground that prima-facie there is no case against you.
In view of the above,you have nothing to worry about.Please take appropriate action on the matter in consultation with a lawyer.

Indian Law

All Answers

Answers by Expert:

Ask Experts


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.

©2017 All rights reserved.

[an error occurred while processing this directive]