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Indian Law/opinian about notice period prior to resignation


Dear sir,
I am working as staff nurse in private hospital since 2months.Before joining my job  i have not received appointment letter about my sallary neither i signed any paper/bond about notice period before resignation. My employer verbally fixed my monthly sallary and told me that i have to inform 30days before i resign(notice period) or i will not receive my one month sallary and i have aggred verbally. I have left the job from 1st dec 2013. Now i want my one month sallary but my employer has refused. I registered the case in police station but they reffered me to consumer court. Will court help to get my sallary? Or under which section they can refuse me? My employer told me according to Indian labour law 30days notice is compulsary for gen offices and emergency services like hospital, police & firebrigade need 60days notice compulsary is it true, please advice me. I thank u in advance.

You have every right to terminate contract in accordance with the terms of your engagement.Further, in the absence of a written contract,you can resign any time simply by serving a letter of resignation.Notice period depends upon the terms contained in your appointment letter and normally it is for a period of one to three months.The object is that your employer may get sufficient time to find a suitable submitted to look after your works.As such,it would have been more reasonable to leave after serving one month's notice.There is no merit in lodging a complaint before the Police Station because normally they do not take FIR.Moreover,this case has nothing to do by the Consumers Court.It is not a deficiency of service relating to Goods.As such,I would advise you to file a recovery case before a Civil Court.However,since court cases are now now-a-days very expensive,legal expenses involved may exceed the recoverable amount.
In view of the above, best course would be initially to lodge a complaint to the Labour Secy. of your state through their Grievance Redressal site in the net or by speed post.In case, you do not get a positive response,then you can approach the court.Your employer is legally bound to pay for the services already done by you and you should definitely fight for the same.You may also serve a legal notice urging them to release the payment immediately and threatening them that otherwise you shall be compelled to take suitable legal action against them.

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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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