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Indian Law/Resignation with Immediate Effect for Medical Reasons without serving Notice Period


I work in Pvt ltd company as Network Support Engineer. The profile is to handle customer calls and complaints on headphones throughout your duty time of 8 hours. I had a medical condition of ears in early childhood of eardrum puncture. Now after just one month of my joining in this job, i had few acoustic shocks which i didnt expect to arise, as I was aware about the profile during the joining. The medical reasons now have left me with no choice but to terminate the job with immediate effect also affirming the condition from ENT specialist.

Will there be any legal consequences about not serving notice period of one month? Any ripples when I join new job, since I left before probation period. Pls note that I have pleasant relationship with my team leader, HR and co-workers.

CLAUSE in my Appointment Letter:


This offer of Appointment is subject to reference and background checks to be conducted by the company or through designated third parties. If for any reason, the reference or background checks reveal any misrepresentation or any information detrimental to the interest of the company or If any declaration given or furnished by you to the Company prove to be false or if you are found to have willfully suppressed any material information in such case, the company shall be entiltled to terminate your services with immediate effect, without notice.

This agreement can be terminated by either party by giving to the other, a notice of one month or salary in lieu thereof. You are subject to termination of your engagement by the company in lieu of such notice. However, this does not preclude the summary termination of your engagement by the company in the event of misconduct, negligience or disobedience of order of your supervisors as well as violation of any of the condition of your services.

On termination of employment for whatever reasons, you will be required to hand over of your responsobilities to aperson nominated by the management and for the companies satisfaction. You will also be responsible for the recovery of any business outstandings arising out of any business transactions performed by you on behalf of the company. Till such a time as the above conditions are fulfilled your full and final settlement will not be processed and you will not be formally relieved from the services of the company.

However, in case of termination due to misconduct, negligience or disobedience of order of your superiors as well as violation of any of the condition of your services employer will not be liable to pay any monetary dues, letters or full and final settlement to the terminated employee.

Resignation is a voluntary act of a party expressing his unwillingness to continue and nobody could prevent it.As per terms of your engagement letter, agreement can be terminated by either party by giving to the other, a notice of one month or salary in lieu thereof.Therefore,even if you have not served the notice period,you can leave the organisation by asking them to adjust one month's salary against the notice period.However,your release order is subject to handing over charge to somebody nominated by the management.You have left without handing over the charge.If your new employer insist for release order,you won't be able to submit it.
In view of the above,if you have not already joined anywhere,better try to amicably settle the matter with your previous employer.Otherwise it may affect your career.I hope they will co-operate since you have stated you maintained a cordial relation with your organisation.

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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