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Indian Law/Relieving Letter Issue

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Question
Dear Sir,
I am working as an Engineer in a small scale industry for last 6 months. I have got a job offer, from one of the top automotive companies in India, with a handsome salary. So, I wish to resign my present job.
The appointment letter at my present job has NO mention of 'notice period before leaving'. I have not signed any contract either. But, since its a small company, the owner might take my resignation in a negative way and might deny a 'Relieving Letter'. (I am saying this based on experiences of a few past employees.) The new company can give me a month to join but wants me to submit a relieving letter compulsorily. I will make sure for a smooth handover in one month. Does my employer have a legal right to deny a relieving letter? Can I take a legal action against him, if my relieving letter is denied? How long will it take to fight for a relieving letter in court? I will lose both jobs if it takes too long. Please Help !
Thank you.
Regards,
Nitin, Pune, India

Answer
You can terminate the contract as per the terms of your appointment to be read with the service rules of your organisation.It is not believable that there was no termination clause in your appointment letter.Probably you have missed that clause.Further, in the absence of such clause in your offer -letter, it will be governed by your service-rules.So please go through both the documents and serve your notice accordingly.Further, in the absence of such clause in both the documents, you can leave simply by serving a notice.Your employer is legally bound to release you as per the terms of your engagement.If they do not accept your notice,please serve a legal notice immediately.Meanwhile, if possible, please seek time-extension from your new Company.

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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