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Indian Law/resignation-acceptance &release


Asstt. Manager state Govt undertaking tendered resignation requesting release by two months from date serving resign letter.Initial offer letter stipulated requirement of three mnths' notice or emolu. in lieu on either side, but reserved right for employer discretion to insist on three month notice.urgently need to be released to join a much better lucrative job in higher post & salary. Again requested present employer to release by two months and offered emolu. for period by which notice falls shot, but with no avail.
Employer insists on release only after three months.The new concern declines to extend joining suggestion/way sought for

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 liue have every right to try for a better opportunity and leave the Company subject to compliance with the termination clause contained in the contract.Since even after complying with the same,they are not releasing you,  please serve a legal notice immediately.If after completion of your notice period, they do not release you , you can certainly dis-continue and join the new employer,provided they do not insist for release order.
Otherwise, you shall have to file a suit against your oresent employer for breach of contract and seek necesary order to release you.Your success in the case will depend entirely upon the facts and circumstances of the case,to be supported by documentary proof as well as strong arguments by your lawyer.
Further, please do not pay any single Re from your own pocket for adjustment for shortage in your notice period.If necessary they can adjust it against your outstanding dues.
Please take above actions 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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