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Indian Law/Notice pd.recovery

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QUESTION: "Hi
i workd with an b.p.o co. at delhi and left for my hometown on dec 19 ,2012 without giving a proper leav applicatn....as it was an unexpectd leav..i just informd my managrs over ph. that my dad wasn't well....and i just can't assure whn i wud b back....they permited me...2 months pasd by and i intimated them ovr the ph.that i wud b resigning...but they dint ask for a writn consent ...moreovr they said they wud wait bk for me...now that i cudnt turn up...an official letr datd.15 mar2013 landed on 25 mar.stating that ""your resignation is acceptd and aftr holding the salary for jan 2013...aditionaly u hav to pay a notic pd recovry amount ofaround 5000rs. including p.f and i.card expenses
my ques.are
1.is the co. rightly doing this as i hvnt consented a writn resignation... what are the powers of the co.regarding recovery of dues...?
2.can the managemnt b explaind that i wudnt b abl to pay back evn a penny due to circumstancial restraints...?
3.the job contract b/w. us was not on legal papers...can the co.initiate legal actions against me?
4.do the ful and final setlmnt amt.eventualy increases and does the employee also hav to bear intrest upon it if nt paid in time...?
5.if a co. say xyz ltd. offers a job and hands ovr an offer letter to its candidate...but if the candidate turns down the offr...can the co. stil impose any contractual and legal obligation upon the candidate?


thankin u in anticipation for ur beneficial resolutions to my queries..."

ANSWER: You should have applied for formal leave.Since you remained on unauthorised leave, they could have treated you as absconding or they could have terminated your service after holding a formal inquiry.However,you have right to terminate the employment contract at any time by serving a notice as per the terms of engagement.They have no right to withhold your outstanding dues.They must release it after adjusting lawful outstanding dues.Under no circumstances you should deposit any amount.They can take no action against you since the job contract was not on a non-judicial paper of appropriate value.

---------- FOLLOW-UP ----------

QUESTION: thanx for the ans.sir...
the ques.that folows is....

as they hav demanded a certain amount and i am nt supposd to pay it....

1.) what should i do if they send any notice (whether legal/official) again & again...demanding for the same amount ?

2.)as per the query ...can i ask for relieving letter against myself ...as they hav written to me that they hav acceptd my resignation ?


thanx in anticipation

Answer
If you have resigned as per the terms of your engaement,your employer is  legally bound to accept it and settle your legal dues.They have no right to calim any amount from you unless it is legally due.Since there was no written contract with you, you have every right to terminate the contract simply by serving a letter of resignation.
In view of the above,I would advise you to immediately serve a legal notice to them to issue the release order to you and to make full and final settlement of your dues.Please tell them that otherwise you shall be compelled to take suitable legal actions against them.
Apparently your case is very strong.Please take above action in consultation with a suitable lawyer.

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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