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Indian Law/Resignation without notice period


I joined one company before 3 months.At that time they did not provide me the offer letter.I got it after two months.

Now there have salary problems.So i want to resign from this firm.
Already my mother is not well.So i wanted to resign from company.

I cant to one month notice period.

In this company all staff's have salary pending problems. But no one will ready to spoke out.

They delayed my salary every month.

18th is salary date.but the gave at 21st.

That menas if its january, i got the december salary on 21st january.

I cant to coorperate with this company.They will not support me.

A lot of work loading.But thet did not gave salary correct time.

I wanted to resign from this firm.

I already told to management, but The Sir, is not ready for accepting my resignation.

They want one month notice period.

But iam not ready for that.

I already submitted my original certificates in this firm.

In offer letter there have no para about this.

If i resigned from this firm , sir asked met,he will do maximum against to me.
He said that he will complaining into the IT Board Meeting when conducted.
The company didnt provided any PF.

I already said to him, i didnot want this month salary(zjanuary),this companies experience certifcate, and didnt want want any reference from this firm for future career.

But he is not accepting that.He threatening me , if resigned from this firm without notice period, he will do anything at its maximum.

He already told , ready to face more complicated issues.

What i do now?

Dear Salini,
I would advise you to leave the Company after serving a notice as per therms of your engaement.Your employer is legally bound to accept it and also settle all your outstanding dues.Further, non-payment of monthly salary is criminal offence and a serious breach of employment contract.Moreover, they have no legal right to withhold your original certificates.It was a major blunder committed by you by giving the original documents.If you have not obtained any formal receipt from them,they may now refuse to give them back to you.In future ,please do not give such important documents to anybody.They are your permanent record and will be required by you throughout your life.You should always give scanned/xerox copies of such documents.
You have done further blunder by agreeing to surrender your salaries.Even if any money is recoverable from you on account of shortage in the notice period, they should recover it from your arrears dues.
For violations of the PF Act, you can lodge a complaint before the RPF with a copy to the Labour Secretary of your state.
Merely complaining against you to your Board of Directors can do no harm to you.Rather board may issue strictures against those officials who are illtreating you.
In view of the above I would advice you to immediately serve a formal notice to them to release you from a specified date,if not already done and also to settle your arrears dues.
Thereafter,if you do not get a reply within a reasonable period, please file a civil as well as criminal suit against them.
You may also make a complaint before the Woman Cell of your state.They on their own will take appropriate actions on the matter.
Please take above actions in consultation with a lawyer to strengthen your case.Apparently you have a very strong case to fight.

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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